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(영문) 춘천지방법원 원주지원 2017.06.12 2017고단310
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person engaging in driving a vehicle BM520, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On January 29, 2017, the Defendant driven the said car under the influence of alcohol content of 0.120% among blood transfusions on January 29, 2017, and driven the front road of “D” located in “D” in “U” in “U” in “U” in “U” in “U” in the original city. The Defendant driven the two-lanes from the lower distance of the original city to the upper distance of the original city.

At the time, the Defendant was following the Victim E (53) driving on the same lane, and in such a case, the Defendant had a duty of care to properly manipulate the brake system in line with the driving situation of the vehicle in which the driver of the vehicle is engaged in driving, and prevent the accident in advance by properly manipulating the brake system in line with the driving situation of the vehicle.

Nevertheless, while the Defendant neglected this and operated the said car in a situation where it is difficult to drive the car normally due to influence of alcohol as above, the Defendant was negligent in failing to properly operate the operation of the operation system even though the said K5 si stops to get passengers to get off, and received the back part of the said K5 si as the front part of the Defendant’s car.

Ultimately, the Defendant suffered injury to the victim E in the course of performing the above occupational negligence by causing approximately two weeks of injury, such as fluoral salt, and injury to the victim G (58 tax) who is the fluor of the said taxi, for about two weeks of medical treatment.

2. Defendant 1 driven BM520 automobiles in the state of alcohol alcohol concentration of approximately 0.120% from the 1km section to the site of accident as set forth in paragraph 1 of the above Article, from the front of the opening of the driving school in the city of Won-si at the time of such day as set forth in paragraph 1 of the above Article.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. G statements;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and a photograph of the accident scene;

1. The circumstances of the driver involved;

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