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(영문) 춘천지방법원 원주지원 2014.09.02 2014고단524
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 00:10 on October 13, 2013, the Defendant driven B K5 cars while under the influence of alcohol content of about 0.198% from the section of about 5km to the roads of the Jeju 8 Apartment Apartment, which are located in the same city-free zone from front 1790-11 and 102 at the time of Won-si to the roads of the same city-free apartment.

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 B K5 cars;

On October 13, 2013, the Defendant: (a) around 00:10 on October 13, 2013, while under the influence of alcohol, the Defendant was in a state of normal driving due to the influence of drinking such as drinking, such as the string distance, and the string distance. However, the Defendant driven the said car and driven the road front of the 8th apartment in front of the main apartment in the city without the driving of the driving of the said car at the time of the driving of the said car at the speed of the Jincheon District Court in the front of the middle school of the middle school of the Jincheon District Court in the direction of the main air room of the Chuncheon District Court.

At the time, since it is an intersection where a signal is installed at night, there was a duty of care to prevent accidents in advance by thoroughly operating the driver of the motor vehicle, complying with the signal, and safely driving the motor vehicle.

Nevertheless, the Defendant neglected this and proceeded with the back part of the victim C (the 59-year-old taxi driver) who was under way in the front bank due to negligence.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, i.e., the part part of the lower court, which requires treatment for about two weeks, and damage to the power lines.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The application of Acts and subordinate statutes to the blood alcohol appraisal report, report on whether to drive any danger, and medical certificate;

1. Article 5-11 and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime committed under the applicable law.

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