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(영문) 춘천지방법원 2014.11.27 2014고단1028
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

【Criminal Power】 On March 5, 2009, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act at the Chuncheon District Court, which was sentenced to a fine of 1.5 million won on January 22, 2010 by the same court.

【Criminal Facts” around 01:58 on August 22, 2014, the Defendant driven a motor vehicle with C et al. with a blood alcohol concentration of 0.186%, and continued to drive the C et al. in the direction of the post-prison distance from the new interesting distance.

The driver of all vehicles has a duty of care to prevent accidents by accurately operating the steering direction and brakes well, and by accurately manipulating the steering direction and brakes.

Nevertheless, the defendant's negligence of driving a vehicle by neglecting it, and the part of the back-setting part of the victim D(19 years old) E's car which was under the influence of the signal stop at the front side of the defendant's car was shocked with the front part of the defendant's car.

As a result, the Defendant, while driving a car in a state where normal driving is difficult due to the influence of drinking, sustained each injury such as the victim F. F., the victim F., the victim G., the victim H., and the victim H(n., the 20 years old) who was on board the car in the above test while driving the car in a state where normal driving is difficult due to the influence of drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Each traffic accident report;

1. On-site photographs;

1. A report on detection of a host driver and a circumstantial statement of the host driver;

1. A report on whether to drive any dangerous motor vehicle;

1. Each written diagnosis;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (1) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, as to the crime committed under the corresponding provisions of the relevant Act;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving) shall be selected.

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