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(영문) 춘천지방법원 원주지원 2013.08.08 2013고단315
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 01:05 on May 10, 2013, the Defendant: (a) driven a motor vehicle with a low alcohol level of 0.186% alcohol in the section of approximately 3km from the 3km to the Hanju-dong-dong-dong-dong Lidong-dong-dong Lidong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong,

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaged in driving a vehicle with C low-speed.

On May 10, 2013, at around 01:05, the Defendant driven the said car while under the influence of alcohol as above, and proceeded with the roads near the Jinari-dong Linri-dong at the time of Won-si as a single-purpose apartment.

At the time, night and the low-water surface was cut down. In such a case, a person engaged in driving a motor vehicle has a duty of care to reduce the speed and to safely see the right and the right and the right of the motor vehicle.

Nevertheless, under the influence of alcohol, the defendant neglected it and got the victim D (the age of 31) who crosses the road from the 4th public apartment room in Mackunununun's 4th public apartment room to the 3th public apartment room in front of the defendant's car.

As a result, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury such as a fluoral wave on the left-hand chain, which requires medical treatment for about 12 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements and welfare cards;

1. Application of Acts and subordinate statutes to the report on the proper launch of an employer, the report on whether to drive any danger, and the written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (2) 2 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act concerning the crime (the point of driving a sound driving);

1. Selection of each sentence of imprisonment with prison labor (in case of an illegality (in case of Article 5-11 of the Special Treatment Act), the applicable case shall be higher;

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