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(영문) 춘천지방법원 원주지원 2014.11.18 2014고단920
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

except that 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. Around 22:10 on September 14, 2014, the Defendant driven a two-way vehicle under the influence of alcohol with a blood alcohol content of about 0.180% from a section of about 5km from the front day of the Pyeongtaek Elementary School located in the original city level to the lower day of the river located in the same Si/Gu.

2. 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 vehicle B.

On September 14, 2014, the Defendant driven the above vehicle while under the influence of 0.180% of alcohol concentration of 0.10% in a blood alcohol level, and driving the four-lane road from the side of the committee and the medical center at the short speed of the city at the original city to the short speed. On September 14, 2014, the Defendant, due to the influence of drinking, did not properly see the front direction while it is difficult for the Defendant to drive the same while walking is under the influence of drinking, and did not accurately operate the brake system without accurately operating it. On the part of the victim C (n, 43 years old) who was under the influence of the signal stop at the front direction of the Defendant, suffered injury to the said victim C, the victim (n, 44 years old), the victim F (n, 17 years old), the victim (h 17 years old), the victim (h 17 years old), the victim (h 17 years old and the victim) in the front direction of the Defendant, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and E;

1. Application of Acts and subordinate statutes to the report on detection of a host driver, the report on risk driving, and the written diagnosis;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of types of punishment and imprisonment with prison labor;

1. The Act on the Aggravated Punishment, etc. of Specific Crimes with heavy punishment on Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes.

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