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(영문) 춘천지방법원 속초지원 2018.04.11 2017고단337
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 28, 2017, the Defendant driven C rocketing vehicles under the influence of alcohol content of about 0.175% in a section of about 10km from the 47.6km in the East Sea Highway located in Gangseo-si, Gangwon-si, the west-si, Gangwon-do, Seoul, to the dong Highway at the seat of 47.6km in the East Sea.

2. The defendant is a person who is engaged in driving of the above vehicle amount.

The defendant, while under the influence of alcohol at the same time as the statement in paragraph 1 above, 47.6 km from the westdo Highway at the same time in the East Sea Highway located in Gangseo-si, the defendant proceeded into the east Sea Zone in the East Sea with two lanes.

Since the place is an expressway where another vehicle is traveling, there was a duty of care to safely drive the vehicle by making it possible for the person engaged in driving the vehicle to live well before and after the left, and accurately operating the steering gear and brake system of the vehicle.

Nevertheless, under the influence of alcohol, the Defendant received the front part of the vehicle's right side side side side side of the vehicle by the victim D(32 ) driving, which was driven along the one lane due to the negligence of changing the vehicle vehicle without looking at it well, and received the front part of the vehicle's left side side by the defendant.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury, such as salt pane, tension, etc., which requires approximately two weeks medical treatment, to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. As to the investigation report (as to the specification of driving distance):

1. Reporting on the occurrence of a traffic accident, a survey report on actual condition, and notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to accident-related photographs and diagnostic certificates;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Articles 148-2 and 44 of the Road Traffic Act.

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