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(영문) 춘천지방법원 원주지원 2014.07.01 2014고단406
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a CFD car.

On March 26, 2014, the Defendant driven the above car on March 26, 2014, and led to the driving of the cross-city bus terminal from the edge of the lot to the front of the Hanju-dong Han-dong Han-dong Seoul Arts Center.

At that time, the Defendant, while under the influence of alcohol content 0.106%, was under the influence of alcohol, was in a state of difficulty in normal driving due to the influence of alcohol, and there was a crosswalk installed in the front section. In such a case, the Defendant was prohibited from driving, and the Defendant was under the duty of care to check whether there was a person who is under the influence of reducing speed and checking well the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right

Nevertheless, under the influence of alcohol, the Defendant was negligent in neglecting the front-time of the car driving, and the victim D (the age of 48) who gets a road along the crosswalks to the right side of the front-hand side of the horse.

Ultimately, the Defendant, as seen above, driven under a difficult driving due to influence of alcohol, and suffered injury to the victim, such as the closed inside of the body, the floor frame, etc., for about eight weeks of medical treatment.

2. On March 26, 2014, at around 03:18, the Defendant driven a Cfrad vehicle under the influence of alcohol content of about 500 meters from a section of approximately 500 meters to a fladon art hall located in the same Dong-dong-dong, nuclear power plant, from the cfladr, in the influence of alcohol content of at least 0.106%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a report on detection of a host driver, a report on risk driving, and a medical certificate;

1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment.

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