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(영문) 춘천지방법원 강릉지원 2014.04.10 2014고단14
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. 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 CK3 cars;

On December 20, 2013, the Defendant driven the said car under the influence of alcohol with 0.223% of alcohol concentration in blood on December 20, 2013, and driven the two-lane road in front of the entrance of a yellow frame in the valley of the East Sea at the time of the East Sea along an insular distance with one lane towards the modern apartment at an insular speed.

In such cases, a person engaged in driving service has a duty of care to safely operate the steering gear by accurately operating the steering gear and steering gear.

Nevertheless, under the influence of alcohol, the Defendant was unable to accurately operate the steering direction and brakes while neglecting them, and received a central separation zone in front of the left-hand side of the Defendant’s vehicle.

As a result, the Defendant driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim D, who is the passenger of the defendant's vehicle, for about 12 weeks of medical treatment.

2. Around 23:05 on December 20, 2013, the Defendant was under the influence of alcohol with a blood alcohol content of 0.223% 0.23%, the Defendant driven CK3 car at a section of about 500 meters from the front side of the Pyeongtaek-dong apartment house in the same year in the same year to the front side of the mouth of the port at the same time in the same year.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement on the occurrence of D traffic accidents;

1. A medical certificate;

1. A report on the statement of the status of a drinking driver, a report on whether to drive any danger, and a report on detection of a drinking driver;

1. Application of Acts and subordinate statutes to the report on traffic accidents;

1. The provision of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, and the provision of Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act.

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