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(영문) 춘천지방법원 2019.07.16 2019고단416
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. On April 10, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) (the Defendant), while under the influence of alcohol at 0.107% of blood alcohol concentration, was driving a B-to-be-road crossing of the Corporation distance of 401, Mancheon-si, Mancheon-si, Mancheon-si, Mancheon-si, the Defendant driven a B-to-be-be motor vehicle at an insular speed from the rear-ro

At this point, there were automobiles waiting for signal to the left side of the driving direction, so in such a case, there was a duty of care to see the front side and accurately manipulate the brake system to prevent accidents.

Nevertheless, in order to turn to the left due to the negligence of failing to see the front side while under the influence of alcohol and not operating the brake system accurately, the Defendant received a part of the top part of the left part of the Do SM5-si operated by the victim C(57 years old) who is in the atmosphere signaled from the front opposite lane in order to turn to the left.

After all, the Defendant driven the above vehicle in a situation where normal driving is difficult due to the influence of drinking, and sustained injury to the victim, such as salt dynasium and tension for about two weeks of medical treatment.

2. Around 01:06 on April 10, 2019, the Defendant driving a B-low-income motor vehicle at the section of approximately 25km from the direction of the Corporation located in the city of Gangwon-si, Gangwon-si, the Gyeongcheon-si, the Mancheon-si, Gangwon-do, the Mancheon-si, the Mancheon-si, the 07% alcohol content of which was drunk.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Reports on the occurrence of traffic accidents, reports on the circumstances of the driver, reports on whether to drive any danger, and on-site photographs;

1. Making a report on the control of drinking driving;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) and the Gu as to the crime.

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