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(영문) 춘천지방법원 2015.04.30 2015고단262
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 19, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was driving B rocketing and another car under the influence of alcohol concentration of 0.175% in front of the office of the Myeong-ri, Cheongcheon-si, Cheongcheon-si. In the influence of alcohol concentration of 0.175% in the direction of the new fishing place.

It is a road where a central line is installed, so in such a case, there was a duty of care to thoroughly operate the driver of the motor vehicle in the front line and safely drive the motor vehicle with the duty of care.

Nevertheless, when driving a motor vehicle by neglecting the central line due to negligence, the victim C was not found to drive the motor vehicle due to negligence, and it received the left part of the motor vehicle due to the front part of the defendant's driving vehicle.

As a result, the Defendant driven the said car in a situation where normal driving is difficult due to influence of alcohol, and suffered injury to the victim E (the 5 years old), who is the passenger of the victim driving vehicle, for about two weeks of medical treatment, such as the left-hand sprinke, spatitis, etc., and suffered injury to the victim F, who is the same passenger, for about two weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (driving) driven B rocketing and other automobiles under the influence of alcohol with a blood alcohol concentration of 0.175% at the time and place under the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes to the report on the circumstantial statement of a drinking driver, the report on the entry of a drinking driver, the report on actual status survey, and the medical certificate;

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing a danger driving) concerning the crime, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of driving a sound driving);

1. Each of Articles 40 and 50 of the Criminal Code of Trade and Trade.

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