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(영문) 춘천지방법원 원주지원 2015.01.27 2014고단1063
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. On July 28, 2010, the Defendant was issued a summary order of KRW 1.5 million for a fine of KRW 1.5 million for a crime of violating the Road Traffic Act in the original state support of the Chuncheon District Court. On August 17, 2012, the Defendant was issued a summary order of KRW 2 million for the same crime in the same court.

On October 17, 2014, at around 00:45, the Defendant driven a D SP car in the state of alcohol 0.199% of alcohol concentration at approximately 2 km from the front of the Hanju-si road to the front of the Hanju-dong Nowon-dong in the same city.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by DD Driving) is a person engaging in driving a D SP car.

On October 17, 2014, at around 00:45, the Defendant, while under the influence of alcohol, sniffing alcohol, sniffing red, heavy snowing, and is unable to walk properly and is difficult to drive normally due to the influence of drinking such as drinking, while driving the said vehicle, the Defendant driven the said vehicle at front of C, leading the road to the desired licensed real estate agent from the Razz school to the desired speed.

Since the place is a alley for a house, the driver of the motor vehicle has a duty of care to see the front side and the left side and to prevent the accident by driving slowly.

Nevertheless, while neglecting this, the Defendant, while driving a vehicle at the same level as the Defendant’s negligence while driving, proceeded as is to the Fluent car driven by the victim E (the age of 39) who was driving by the Defendant’s negligence, and received the part of the victim’s vehicle in front of the right-hand part of the Defendant’s car.

Ultimately, the Defendant suffered from the victim’s salt, tension, etc. in need of approximately three weeks’ medical treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A report on the detection of a de facto driver (blood collection result), a report on whether to drive any danger, and the Acts and subordinate statutes;

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