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(영문) 춘천지방법원 원주지원 2016.12.05 2016고단1062
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. Around 14:05 on October 2, 2016, the Defendant driven a ecoo motor vehicle B in the state of alcohol alcohol concentration of about 0.283% in the section of approximately 4km from the original residential parking lot located in the Dobong-dong, Won-si, Won-si to the front apartment located in the same Sinsan-dong.

2. The defendant is a person engaged in driving a motor vehicle as set forth in paragraph (1) of the Aggravated Punishment, etc. of Specific Crimes Act;

On October 2, 2016, the Defendant driven the above vehicle on October 14, 2016, and got to turn to the right from the intersection of the U.S., the two-lane road of the 62-lane 2425-ro, U.S., the two-lane.

Since there is a distance from which a signal is not installed, there was a duty of care to make a left-hand turn after checking the right and the left-hand turn prior to the left-hand turn to the person engaged in the vehicle driving business.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and went on the opposite lane of the victim C(37 years old) driving due to the negligence of driving the vehicle without living well, and received the pentum part above the left-hand part of the Defendant’s vehicle.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the victim, such as salt dump, tension, etc. in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

1. A medical certificate;

1. A written appraisal of blood alcohol and a report on whether to drive any motor vehicle at risk;

1. Application of each statute on photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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