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(영문) 춘천지방법원 원주지원 2015.05.12 2015고단226
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. The Defendant is a person who is engaged in driving a B car with B carren.

On March 13, 2015, at around 03:05, the Defendant driven the foregoing vehicle while under the influence of alcohol of 0.130% with a blood alcohol concentration of 0.130%, and led to the driving distance in front of D in the front city C in the original city at the speed of about 20 kilometers per hour at a speed of about 20 kilometers per hour at the 1-lane of the site location of Pyeongtaek Elementary School.

At the time, the driver of a motor vehicle has a duty of care to safely drive the motor vehicle and prevent the accident in advance by safely driving the motor vehicle, while checking the traffic situation of the front-way and paying attention to whether there is a person who gets a walk on the long-distance.

Nevertheless, the Defendant neglected to drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, while driving the motor vehicle, and driving the two-lane road above the front line of the direction that the Defendant driven from the direction D to the direction D, without discovering the victim E (the age of 23) and F (the age of 22). Thus, the Defendant was faced with the body of the victims as part of the front line of the said motor vehicle.

The Defendant, by occupational negligence, sustained injury to the above victim E, such as “satise and tensions,” which requires approximately four weeks of medical treatment, and suffered injury to the victim F, such as “catum catums and tensions,” which require approximately two weeks of medical treatment.

2. The Defendant, in violation of the Road Traffic Act, driven the said vehicle while under the influence of alcohol with approximately 200 meters alcohol concentration of 0.130% from the front day of the “G” indoor package in Kuju-si, to the place of the said accident.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E and F;

1. A report on the occurrence of a traffic accident and a report on actual condition;

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