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(영문) 춘천지방법원 2020.06.18 2020고단240
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for a term of one year and two 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

[Criminal Power] On November 21, 2017, the Defendant was issued a summary order of KRW 1.5 million by the Chuncheon District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】

1. The defendant is a person who is engaged in driving a vehicle Bsch Rexton sports in accordance with the Act on the Aggravated Punishment, etc. of Specific Crimes.

On February 15, 2020, the Defendant driven the said car while under the influence of alcohol of 0.141% with a blood alcohol concentration of 0.141% on February 23, 2020, and driven the three-lane road of 2854 in front of the Gangwon-do Office of Education "Seoul Metropolitan City Office of Education" as Gangwon-do, Gangwon-do Office of Education along the three-lane from the private-dong distance room to the private-dong-dong-gu.

At the time, since it was night and milched, a person engaged in driving a motor vehicle had a duty of care to drive the motor vehicle safely by driving the front side and accurately manipulating the brake system.

Nevertheless, the Defendant neglected to drive a car in a state where normal driving is difficult due to influence of alcohol and continued to drive it as it is, and the latter part of the victim C(the age of 43) driving that was driven by the Defendant was committed as the front part of the said car.

Ultimately, the Defendant’s occupational negligence caused injury to the victim, such as “influoral salt and tension,” which requires approximately two weeks of treatment.

2. The Defendant violated the Road Traffic Act (driving) driving a Bsch-on sport car on the front side of the “F” in Gangwon-si, Gangwon-do, with a level of alcohol alcohol concentration of 0.141% at the above temporary border from the front side of the “F” in Gangwon-do to the front road of the “Seoul-do Office of Education” Office of Education.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident, the actual condition survey report, and on-site photographs;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. C’s statement;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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