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(영문) 춘천지방법원 원주지원 2017.05.12 2017고단122
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 21, 2016, the Defendant, in violation of the Road Traffic Act (driving without a license) and the Road Traffic Act (driving of alcohol), driven a Creki knick drive under the influence of alcohol of about 0.161% without obtaining a driver’s license for a motor vehicle with an alcohol concentration at approximately 1 km in the section of approximately 1k-ro 137 in the city of 1,000, from the original public health clinic of the original city of the Hanju-si to the original city of the original city of KRW 23:30 on December 21, 2016.

2. The Defendant is a person engaging in driving a vehicle as specified in paragraph (1).

On December 21, 2016, the Defendant driven the above vehicle at around 23:30 on December 21, 2016, and driven the two-lane road near the Jincheon-ro, 137, along the two-lanes from the original public health clinic to the site at the direction of the original public health clinic.

At the time, there is a night and there is a vehicle stopping in the signal waiting at a remote distance at the front door, so there was a duty of care for the driver of the vehicle to see the front door well and to operate the brake in a safe way by properly operating it.

Nevertheless, under the influence of alcohol, the Defendant neglected this and did not look well at the front bank, and by negligence driven by the Defendant, got off the victim D (the 61-year old-age-old driver) (the 61-year-old driver)’s vehicle in the signal waiting at the steering bank, and received the part of the front part of the Defendant’s vehicle.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, resulting in injury to the victim, such as salt, tensions, etc. in a state where it is necessary to treat the victim for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A survey report on actual conditions, photographs at the scene of an accident, and arrest report on the occurrence of a case;

1. The circumstantial report of a driver driving a drinking, a report on whether to drive any danger, and the notification of the results of regulating drinking;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes of a medical certificate;

1. The relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime.

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