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(영문) 춘천지방법원 영월지원 2015.02.13 2014고단544
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

However, 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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaged in driving a motor vehicle B.

On October 1, 2014, the Defendant driven the said car at around 03:40, and proceeded at the speed of 100 km from Incheon to the west of the 180.4 km, which is located in the parallel parallel of the Pyeongtaek-gun of the Gangwon-do.

At this time, there is a duty of care to maintain the distance from the vehicle in front and prevent the accident by safely driving it in advance, because it is an expressway at night, and thus, the person engaged in driving service has a duty of care to look at the right and the right and the right and the right and the right and the right and the right and the right

Nevertheless, the Defendant neglected this and neglected to drive the vehicle normally under the influence of alcohol level of 0.142%, such as 0.14% of the blood alcohol level, fluoring snow, fluoring snow, smelling with snow, smelling, snicking with red and sprinking, etc., while driving the vehicle, and driving the vehicle by negligence while driving the vehicle at the front of the Defendant and driving the vehicle at the victim C (37 years old) driving while driving the vehicle at the front of the vehicle, and received the rear part of the said cargo vehicle as the front part of the said vehicle.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, such as an open wound of elbow joints to the right side in need of treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (driving a sound driving) at the time and time set forth in paragraph (1) of this Article, the Defendant driven the B Abh-purged vehicle with a blood alcohol concentration of 0.142% under the influence of alcohol level at approximately 50km from the front of the house of E-Whon F at the time of the original city to the point of 180.4km-hurg in the Yong-gu, Gangwon-gu, Gangwon-do.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A report on the occurrence of a traffic accident and a report on actual condition;

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