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(영문) 춘천지방법원 원주지원 2014.06.26 2014고단431
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 20:40 on May 2, 2014, the Defendant driven B Poter truck with a blood alcohol content of about 0.149% in a section 2km from the front of the “fachisurel” road located in the driving zone of the original city at the original city to the road located at a point of 1km in the same 1km prior to the enclosed mountain tunnel.

2. On May 2, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving) driven the above cargo vehicle while under the influence of alcohol of 0.149% in blood alcohol concentration on May 2, 2014, and led the two-lanes of the two-lanes between the two-lanes in flow and the two-lanes of the two-lanes of the two-lanes in flow from the surface of the road at the seat of the driving-gu, the driving-gu, the driving-gu, the city,

At the time, the passenger car of the victim C(n, 53 years old) was at night, and the victim C(n, 53 years old) was at night, and therefore, the driver of the vehicle had a duty of care to observe the front section and the right and the right, and to prevent the accident by operating the steering system accurately and safely, and to prevent the accident in advance.

Nevertheless, the Defendant, by negligence, while normal driving is difficult due to the influence of alcohol as above, brought down the part of the front part of the said cargo vehicle as the front part of the said vehicle.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as cerebral alky, in detail as to which medical treatment for about three weeks is required.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

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

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) 2 and 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment);

1. Of concurrent crimes, punishment under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall be imposed.

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