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(영문) 춘천지방법원 2014.10.30 2014고단812
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around July 21, 2014, the Defendant driven B Poter cargo under the influence of alcohol concentration of approximately 0.287% at the section of about 3.1km to the front road of the luxan oil station located in the 118-17 in the Song-gu, Yang-gun, Yangwon-gun, Yangyang-gun, Yangwon-gun, 118-17, in a way that he/she is under the influence of alcohol concentration of about 3.1km from the 3.1km section to the road in front of the luxan oil station.

2. The defendant is a person engaged in driving a freight vehicle B in violation of the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving).

On July 3, 2014, the Defendant driven the foregoing cargo vehicle under the influence of alcohol, as described in Paragraph 1, while driving it at around 21:20 on July 3, 2014, and proceeded with a road of one-lane 3592 in front of the west-gu, Yangyang-gun, Yangyang-gu, Yangyang-gu, Yangyang-gu, Yangyang-gu, Yangyang-do, the right to remain at the speed from the ASEAN village hall, the village hall, and the e

At the time, there is a night and a place where the center line of yellow-ray is installed, so there was a duty of care to ensure that a person engaged in driving of a motor vehicle should thoroughly operate the motor vehicle in front and safely.

Nevertheless, the Defendant neglected to drive normally while under the influence of alcohol and caused the negligence of driving the said cargo to the central line and thereby caused the negligence of driving the said cargo to the front-hander of the cargo vehicle of the Defendant, thereby driving D5 tons of the cargo vehicle driven by the victim C(58 years old) who was driven by the opposite vehicle.

After all, the defendant driving the above cargo in a situation where normal driving is difficult due to the influence of drinking, and suffered a multi-faceted situation requiring medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and E;

1. The actual survey report on traffic accidents;

1. On-site photographs;

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

1. A medical certificate;

1. The application of Acts and subordinate statutes of the State and the blood alcohol appraisal report;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the Crime

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