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(영문) 춘천지방법원 원주지원 2019.08.22 2019고단548
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 20:45 on May 27, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by DD Driving) driven a C Ecoos car while under the influence of alcohol concentration of 0.165% in blood, and proceeded in the vicinity of D Scoos car in front of the atomic cities.

In such a case, although a person engaged in driving of a motor vehicle has a duty of care to observe the traffic signal and drive a motor vehicle safely, he or she was negligent in trying to turn to the left at the red new fluor by neglecting it under the influence of alcohol, he or she received the part before the left part of the motor vehicle of the victim B (the age 25) driving motor vehicle in front of the right-hand part of the motor vehicle by the defendant's driver.

Ultimately, the Defendant driven the said car in a state where normal driving is difficult due to the influence of drinking, and suffered injury to the victim, such as a hot spring, in which there is no room for two weeks of treatment.

2. Around 20:45 on May 27, 2019, the Defendant: (a) driven a C-cus vehicle under the influence of alcohol with a blood alcohol concentration of about 0.165% in the section of approximately 1km from the front line of the postal concentration station located in the original city level to the vicinity of the E-distance intersection in front of the same city.

Summary of Evidence

1. Defendant's legal statement;

1. BW written statements (report on the occurrence of traffic accidents);

1. The actual condition survey report;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. A medical certificate;

1. On-site photographs;

1. Application of accident videocad legislation;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Article 148-2 (2) 2 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); and the choice of imprisonment for each sentence, respectively;

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:

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