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(영문) 춘천지방법원 강릉지원 2013.05.16 2013고단175
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six 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

The defendant is a person who is engaged in the operation of a small-scale taxi in C.

1. On March 14, 2013, the Defendant driven the said taxi under the influence of alcohol by 0.19% in blood alcohol concentration to the roads nearby the Southern High River Site located in Gangnam-si, Gangnam-si, Gangnam-si, and the roads adjacent to the Southern High River site.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was committed by the Defendant driving the above taxi at the temporary border as stated in the above Paragraph (1) on the front side of the “P World Cup station” located in Gangnam-si, Gangnam-si, and thus, the Defendant had a duty of care to safely drive the taxi by reporting the situation of the bareboat traffic and accurately manipulating the steering gear, etc.

Nevertheless, the Defendant, as seen above, neglected to drive under the influence of alcohol while driving under the stop signal due to the negligence of the victim D(the age of 39) who was stopped due to the influence of alcohol, was driven by the victim D(the age of 39) to take the part behind the vehicle, which was driven by the victim D(the age of 39), with the front part of the said So-Ba-si, and due to these shocks, the Defendant got the victim F(the age of 48) driving when the said LA car was pushed in the future and stopped.

Accordingly, the Defendant, as seen above, sustained injury by the victim D, H (n, 38 years old), and victim I (n, 6 years old), who was on the said Liber vehicle while driving the said Liber taxi under the influence of alcohol that is difficult to drive normally due to the influence of alcohol, on the part of the victim F, who was on the said Liber vehicle, in need of approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the occurrence of a traffic accident;

1. On-site photographs;

1. A report on detection of a host driver;

1. Statement in the circumstances of an employee;

1. A statement of F;

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