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(영문) 춘천지방법원 원주지원 2013.11.14 2013고단489
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 this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On July 4, 2013, at around 06:25, the Defendant driven B cherb while under the influence of alcohol content of about 0.169% without obtaining a motorcycle driver’s license on a section of approximately 600 meters in the direction of the road near the downest road in the starting-gu drive of the original city from the 2014-3rd-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri, the Defendant driven B cherb under the influence of alcohol content of about 0.169% without obtaining a motorcycle driver’s license.

2. The defendant is a person who is engaged in the business of driving the above earth and rocks in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

The Defendant proceeded in two lanes near the subordinate road in the one-lane-dong, one of the two-lanes in the one-lane-dong at the time and time specified in the above paragraph (1).

Since there is a road that has frequent traffic of motor vehicles, a person engaged in driving of motor vehicles has a duty of care to prevent accidents by complying with the speed and limitation of the vehicle and operating the steering system and operating the steering system accurately.

Nevertheless, the Defendant neglected to drive in a state where normal driving is difficult due to the above influence of drinking, and went through as it was due to the negligence of driving the road on the right side of the road, and received the roadside trees from the front part of the above Otoba.

As a result, the Defendant suffered injury to the victim C (the age of 16) who was on the backside by negligence in the above business as above, including a 12-day therapy.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The circumstantial statement of the driver, written consent to the collection of blood, response to requests for appraisal, application of the investigation report (general);

1. The ledger of driver's licenses;

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 related to the crime, Article 148-2 (2) 2 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act (the point of a sound driving), Article 154 subparagraph 2 of the Road Traffic Act.

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