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(영문) 춘천지방법원 영월지원 2014.11.14 2014고단367
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

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. The defendant is a person driving BM5 motor vehicles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving)

On July 17, 2014, the Defendant driven the said vehicle at a 0.238% alcohol level around 01:00 and operated the two-lanes at an insular speed in the front of the exit of the two-lane tunnel, where the Defendant was under the influence of alcohol leveling to 0.238%.

At the same time, he/she is placed at night, so he/she is placed at a bend road. In such cases, a driver has a duty of care to make sure of the traffic situation of the front bank well and to prevent accidents in advance by driving safely while accurately operating the steering direction and brake system.

Nevertheless, the Defendant, while driving at the two-lanes from the right edge of the DM5 vehicle due to the negligence of driving in a state where normal driving is difficult due to influence of drinking, took the back part of the DM5 vehicle driving by the victim C (the age of 57) as the front part of the left edge of the DM5 vehicle. On the other hand, the Defendant continued driving, while driving at the right edge of the F cattle or other taxi driving by the victim E (the age of 61) who stops on the right edge of the road, re-run the back part on the left edge edge of the M5 vehicle.

Ultimately, the Defendant suffered, by the above occupational negligence, the injury to the victim C (the 57-year-old), such as double ducts that require approximately 6 weeks of medical treatment, and the injury to the victim G (the 55-year-old) who was accompanied by the math car, such as the closed ductal ducts that require approximately 4 weeks of medical treatment, and the victim E (the 61-year-old-old-old-age-age-age-age-age-age-age-age-age-long cats that require approximately 2 weeks of medical

2. Violation of the Road Traffic Act (driving) provides that the Defendant is under the influence of alcohol with approximately 16 km from the front of the lusium in the Yellow west-dong, Taek-do, Taek-do, Taek-si to the front of the exit of the two door-dong tunnels, Taek-si, Taek-si, Taek-si, Taek-si, with approximately 0.238% alcohol concentration.

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