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(영문) 춘천지방법원 2012.11.09 2012고합212
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant is a person engaged in driving freight vehicles B 4.5 tons.

On August 4, 2012, at around 13:50, the Defendant driven the above cargo while under the influence of alcohol of 0.206% with a blood alcohol concentration of 0.20%, and led to the running of the above cargo at an insular speed along the two-lanes from the front of the gold apartment in front of the vacant remote distance.

In such cases, the driver has a duty of care to safely drive a motor vehicle by accurately manipulating the steering direction and brake system in the event that the preceding motor vehicle is in the atmosphere of signal, preventing accidents caused by smoke, etc.

Nevertheless, the defendant's negligence of driving the vehicle as it is while neglecting it, and the part of the DP which the victim C (the age of 56, inn) is driving before the cargo vehicle of the defendant was shocked with the front part of the truck of the defendant.

As above, the Defendant driven a cargo vehicle in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the victim, such as the climatic salt, which requires medical treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A medical certificate (C);

1. A report on detection of a driver, a report on the state of his/her employment, and a report on whether he/she will drive any danger;

1. Each traffic accident report;

1. All on-site photographs;

1. Application of the statutes governing vehicle estimates;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Provided, That the maximum term of punishment shall be limited to the sum of the long-term punishments of the above crimes, and the minimum limit of the punishment shall be determined by the crimes of violation of the Road Traffic Act];

1. Articles 53 and 55 of the Criminal Act for discretionary mitigation.

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