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(영문) 춘천지방법원 원주지원 2017.03.16 2016고단1256
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

The execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around November 5, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) driven a CPP car and proceeded along three lanes from the direction of the road along which the road of five lanes near the distance of the SPPPP in the PPP in the PPP, Nowon-si.

At the time, there is a night and a vehicle waiting for signal at a distance in the front door, so there was a duty of care to safely operate the vehicle driver by properly operating the brake system.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting this, was negligent in driving a vehicle at the victim D(40 years old), who was in the atmosphere of the signal at the bend of the bend, and was driven by the driver in front of the vehicle of the Defendant.

Ultimately, the Defendant driving a car in a state where normal driving is difficult due to the influence of alcohol, and the Defendant inflicted an injury on the victim FF (24) who was on the Defendant’s vehicle, such as salt, tension, etc. requiring treatment for about two weeks, and suffered an injury on the part of the victim FF (24 years) who was on the Defendant’s vehicle during the treatment period.

2. A defendant, who violated the Road Traffic Act (Refusal of measurement of drinking), driven a motor vehicle accident as above, while under the influence of alcohol, such as smelling and smelling on the face of the defendant, at the H district located in G in prime City of at least 20:20 on the same day, and on the same day.

Despite the fact that there is a reasonable reason to determine a person, the police official requested that he/she comply with the measurement of drinking by inserting about 22 minutes in the form of a drinking measuring instrument, but he/she failed to comply with the police officer's request for the measurement of drinking without justifiable grounds, by avoiding the measurement.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D and F;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and a report on the circumstances of the driver in charge;

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