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(영문) 춘천지방법원 원주지원 2018.04.19 2017고단1154
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for two years.

The execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 2, 2017, the Defendant: (a) driven a DPoter Ⅱ in the section of about 4 km from the right to the from right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) driven the above cargo vehicle while under the influence of alcohol at the time of the above day and proceeded at the speed of 89 km per hour from the side of the road to the side of the road of 161-1.

There are three-distance crossings that are not supported by traffic control, and where the speed limit is 60km per hour, the Defendant, who was engaged in driving a motor vehicle, has the duty of care to safely drive the motor vehicle after checking whether there is a vehicle crossing by checking the right and the right and the right and the right and the right and the right and the right and the right and the duty of care to safely prevent the accident by driving the motor vehicle, but the Defendant neglected to do so under the influence of drinking, and caused the Defendant’s negligence in the course of performing the duty of care to prevent the accident by driving the motor vehicle in a safe manner. The Defendant, who was trying to enter the said intersection from the right and the right and the right and the right and the right and duty of care to prevent the accident by driving the motor vehicle in a safe manner, caused the injury to the victim, such as 4,5,12, which requires the treatment of approximately 12 weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Sending the report of the occurrence of the case, investigation report on actual condition, report on the situation of the driving of the week, report on whether the driver is in danger, report on the circumstance of the driver in charge, report on the detection of the driver in charge of driving, inquiry into the results of crackdown on the driving of drinking,

1. Each investigation report (each time 19,23);

1. Application of Acts and subordinate statutes on site photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 subparag. 1 and Article 44(1) of the Road Traffic Act, and Article 148-2 subparag. 1 of the Road Traffic Act and Article 144(1) of the Act on the Selection of Imprisonment with labor.

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