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(영문) 춘천지방법원 강릉지원 2014.10.29 2014고단407
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a fixed truck C.

On May 16, 2014, at around 18:50, the Defendant driven the said vehicle in a state that it is difficult to drive normally due to the influence of alcohol by 0.229% of alcohol, and led to the left-hand turn at a speed of about 30 km from the border elementary school at the speed of about 30 km at the speed of Si/Gun, depending on one lane towards the intersection of the two main apartment in front of Gangseo-si, Gangseo-si.

At the time, there was a duty of care to prevent accidents by checking whether a person engaged in driving service has a vehicle, etc. by reducing or temporarily stopping the speed in advance and by temporarily stopping the signal at night.

Nevertheless, under the influence of alcohol, the Defendant received the part of the front part of the truck in front of the instant truck driving by the Defendant, which was driven by the victim D(24 years old) driving from the direction of the light elementary school due to the negligence of failing to make a left-hand turn, and was driven by the Defendant.

Ultimately, the Defendant by occupational negligence inflicted an injury on the victim F (F) of the victim, who was accompanied by the tensions, tensions, etc. requiring approximately two weeks of medical treatment on the part of the damaged vehicle, injury on the chillites, tensions, etc. requiring approximately two weeks of medical treatment on the back of the damaged vehicle, and injury on the victim G (V) who was accompanied by the above damaged vehicle and the victim H (V, age 26) for approximately two weeks of medical treatment on the back of the damaged vehicle, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Each written diagnosis;

1. Application of statutes on site photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, as to the crime committed under the corresponding provisions of the relevant Act;

1. Articles 40 and 50 of the Criminal Code of Trade Competition.

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