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(영문) 춘천지방법원 원주지원 2015.10.06 2015고단680
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six 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 22:50 on July 15, 2015, the Defendant driven B K3 cars while under the influence of alcohol content 0.165% from the 2km section to the front road of the “Gang-dong Medical Center” located in the site of the Dobong-dong in the original city to the “Gang-dong Medical Center” located in the same 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 B K3 car;

On July 15, 2015, the Defendant, at around 22:50, was under the influence of alcohol with 0.165% alcohol concentration, was incorrect, was not aware of others’ horses properly, and was unable to drive the said automobiles normally due to the difficulty of driving, such as being snicking in a nearby place, etc., the Defendant was driving the said automobiles with the driving of the said automobiles on the ground of the ‘original Medical Center' located in the name of the prime city at the time of the prime city.

The location is the road side of the four-lanes, and at the time, the victim C(33 years of age) is driving DK5 automobiles at the front of the above car.

In such a case, there was a duty of care to prevent accidents in advance by accurately manipulating the front left, steering and brakes to those engaged in driving of a motor vehicle.

Nevertheless, the Defendant neglected to do so and caused injury to the victim, such as salt ties and tensions, which require two weeks of medical treatment by taking part of the back part of the said K3 car as part of the front part of the said K3 car.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Report on the occurrence of a traffic accident, report on a traffic accident (1092);

1. A report on the start-up of a driver, a report on the status of a driver, a report on the status of a driver, and a report on whether he/she will drive any danger;

1. A written appraisal;

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

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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