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(영문) 춘천지방법원 원주지원 2013.11.20 2013고단665
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

except that 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 19:40 on October 7, 2013, the Defendant driven a B Mt Motor Vehicle while under the influence of alcohol concentration of about 0.146% in the section of about 1km from the day before the restaurant of “Mexico Kinc Kincccccccccccccck,” which is located in the Dobong-dong at Won-si, to the day before the opening of the restaurant at the same time.

2. On October 7, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven a BE car under the influence of alcohol concentration of 0.146% on the 19:40% on the day of October 7, 2013, and proceeded with approximately 25 km in the speed of the city from the front side of the opening which is located in the opening of the nuclear driving movement at the original city to the right side of the flow distance from the front side of the original driving.

At the time, since it is an intersection where a signal is installed at night, there is a duty of care to protect the vehicle's driver and prevent the accident in advance by safely driving the vehicle.

Nevertheless, the Defendant neglected to drive the said car in a state where it is difficult to drive the car normally due to the influence of alcohol as above, caused the negligence of operating the said car in a state where it is difficult for the Defendant to drive the car normally, and the part following the Dobol XG car behind the victim C (the 42-year-old driving) driving, which was in the air at the bend of the math car.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of treatment due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A survey report on the actual condition, a report on the detection of drivers, and a report on whether to drive any dangerous motor vehicle;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking and the choice of imprisonment), Articles 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to a dangerous driving and the choice

1. Article 37 of the Criminal Code among concurrent crimes.

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