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(영문) 춘천지방법원 원주지원 2015.10.06 2015고단636
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 July 12, 2015, the Defendant violated the Road Traffic Act (driving a sound driving) driving on the E-5 vehicle while under the influence of alcohol by 0.154% of alcohol concentration from the Defendant’s accommodation located in the Haju City B to the front of the D located in the Haju City.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a E K5 vehicle;

The Defendant, while under the influence of alcohol, driven the said motor vehicle, and driven the said motor vehicle along the two-lane road in front of the original city C, along the one-lane distance from the edge of the short term apartment.

Since G rocketing taxi driven by F.F. (42) had a duty of care to pay attention to the progress of the vehicle in front of the Defendant, the Defendant had a duty of care to prevent accidents in advance by safely driving the vehicle while maintaining a safety distance.

Nevertheless, the Defendant neglected this and continued to drive normally in difficult conditions due to influence of drinking, and received the back part of the said victim’s vehicle as the front part of the Defendant’s vehicle.

The Defendant, by its occupational negligence, sustained injury to the above victim, such as “cerebral cerebrum,” which requires medical treatment for approximately two weeks, injury to the victim H (V, 72 years old), who is the passenger of the above taxi, such as “intestine and tension,” which requires medical treatment for about two weeks; injury to the victim I (V, 68 years old) who is the above taxi passenger; and injury, such as “intestine and tension,” which requires medical treatment for about two weeks; and injury to the victim J (V, 7 years old), which requires medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of F and H;

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

1. On-the-job reports on drivers (blood collection examination);

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