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(영문) 춘천지방법원 원주지원 2014.10.01 2014고단549
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a B-learning car.

On May 11, 2014, the Defendant driven the above car on May 17:15, 2014, and led the front of the culp apartment at the original city level from the original city level to the front of the culp apartment at the front city level.

At that time, the Defendant, while under the influence of alcohol content 0.274%, was in an inaccurate state of alcohol, and was in a difficult condition of normal operation under the influence of alcohol, such as being smelled within 3 meters, and walking is not normal, and the victim C(58 years old)’s disturbance of driving is also a cargo vehicle in the front bank. In such a case, the Defendant was prohibited from driving, and the Defendant had a duty of care to operate safely by accurately operating the brake system.

Nevertheless, the Defendant neglected to stop the vehicle at the front time of alcohol and did not immediately stop the vehicle due to the negligence of finding the vehicle behind the vehicle at the latest, and received the back part of the vehicle at the front of the vehicle at the Defendant’s driving.

Ultimately, the Defendant, as seen above, driven under the influence of alcohol, and sustained injury to the victim E (the aged 25) and the victim E (the aged 25) who was accompanied by the said cargo to receive approximately two weeks medical treatment.

2. Around 17:15 on May 11, 2014, the Defendant was driving a B-learning car under the influence of alcohol with approximately 2.5 meters alcohol concentration of 0.274% in the section of approximately 2.5 meters, from the F in the original phase of nuclear power, to the front of the said phase-dong, via the front of the non-actual-air first apartment in the original phase-dong of nuclear power.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and E;

1. Each written diagnosis;

1. A report on detection of a host driver;

1. The application of the law of the actual survey report.

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