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(영문) 춘천지방법원 원주지원 2015.09.15 2015고단568
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 01:45 on June 8, 2015, the Defendant was driving a B-wheeled B-wheeled vehicle under the influence of alcohol content of 0.15% from the 1km section from the 1km section to the roads of the first apartment of the same Han-dong, Young-gu, Nowon-gu, Nowon-gu, and the same Han-dong.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was driving B-wheeled under the influence of alcohol concentration of 0.15% at the time and time set forth in paragraph (1) with the driving of B-wheeled Motor Vehicle under the influence of alcohol concentration of 0.15%.

In such cases, there was a duty of care to safely drive the steering and brakes by properly operating them.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting this, was driving by the victim C(the age of 30) who was standing in the signal atmosphere at the bend of the bend, due to the negligence of the Defendant, and was driving with the front wheels of the two-wheeled automobile.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury, such as salt, tension, etc., which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and E;

1. Reports on the occurrence of a traffic accident, reports on a traffic accident (1), and photographs;

1. Notification of the control results of drinking driving, report on the state of driving under the influence of alcohol, report on the state of standing under the influence of alcohol drivers, and report on whether to conduct dangerous driving;

1. A medical certificate;

1. Application of the written estimate statutes;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Probation;

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