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(영문) 춘천지방법원 원주지원 2016.06.29 2016고단248
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a CAD car.

1. On March 7, 2016, the Defendant driven the said vehicle under the influence of alcohol content of 0.168% in the section from the front of a mutual influence restaurant located in the Hanju-si, Hanju-si to the front day of the common road in the same city-based city.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) the Defendant driven the said car at the time specified in paragraph 1 and led to a four-lane road in front of the official distance from the right side of the Seocho High School along two-lanes from the right side of the Seocho High School to the right side of the Gu.

At night, at the time, the victim's E-learning Motor Vehicle was at the front of the defendant's moving direction, and at the front of the defendant's moving direction, there was a duty of care to look at the front and rear side of the motor vehicle and to safely drive the motor vehicle while maintaining the safety distance with the motor vehicle ahead.

그럼에도 피고인은 이를 게을리 한 채 제 1 항 기재와 같이 술에 취하여 운전한 과실로 피고 인의 위 승용차 앞 범퍼부분으로 피해 자의 위 승용차 뒤 범퍼부분을 들이받아 피해자로 하여금 출혈성 쇽 및 신경성 쇽으로 2016. 3. 8. 02:02 경 사망에 이르게 하고, 피해자의 승용차에 동승하고 있던 피해자 F( 여, 52세 )으로 하여금 약 3 주간의 치료가 필요한 대뇌 좌상 등을 입게 하였다.

After all, the defendant driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, resulting in the death of the victim D, and caused the injury to the victim F.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

1. A death medical certificate or medical certificate;

1. Notification of the results of regulating the driving of drinking alcohol, statement of the circumstances of the driver of drinking alcohol, and report on whether to drive any danger;

1. Application of each statute of photograph 1.

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