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(영문) 춘천지방법원 원주지원 2013.06.26 2013고단274
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

The Defendant is a person engaged in driving Cone Star car.

1. Around 16:50 on April 11, 2013, the Defendant driven the said vehicle at a section of about 6 km from the beginning of the Seocho-si, the Seocho-si, the Seocho-si, the Soyang-si, and the roads in front of the Sungsung apartment located in the same city under the influence of alcohol by 0.132% of the blood alcohol concentration.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was under the influence of alcohol as provided in paragraph (1) of the same Article and proceeded to turn to the left from the south side of the high school at the lower side of the market.

At the time, since the location is a private distance intersection where traffic control is performed, a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle by complying with the signal, driving the front door, properly operating the steering and steering system.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to turn to the left without neglecting the signal, caused the victim D (Nam, 51) who was driving on the left side of the vehicle on the left side of the Defendant’s driving, to shocked into the front part of the Defendant’s driving, and caused the victim to go beyond the floor by using the front part of the vehicle on the front part of the Defendant’s driving.

As a result, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury, such as inside the right breath, which requires treatment for about 14 weeks, to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Reports (1), (2) on traffic accidents;

1. A report on detection of a driver and a report on whether he/she is a dangerous driver;

1. Application of Acts and subordinate statutes to photographs and diagnostic instruments;

1. Relevant legal provisions and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment), which relate to the crime;

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