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(영문) 춘천지방법원 원주지원 2014.06.03 2014고단259
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

except that 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 13:20 on March 29, 2014, the Defendant driven B rocketing car under the influence of alcohol content of about 0.181% in the section of about 5km from the front of the “fastrance rock” road in the new forest Myeong-ri city to the front of the “fast forest camping site” road in the same face.

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 rocketing car.

On March 29, 2014, at around 13:20, the Defendant driven the said vehicle under the influence of alcohol content of 0.181% with a difficulty in normal driving due to the driving of the said vehicle, and was driving the road in front of the “a long forest camping site” at the time of the original state, Sungnam-ri, Sungnam-ri, as a sloping guard from the room of the Sungnam Monitoring Association.

At the time, the car was under the influence of the car, and in this case, the car was under the influence of C driver's Datota Campa in front of the direction of the car driving, and therefore, in such a case, the driver was under the duty of care to properly manipulate the front line and prevent the accident by accurately manipulating the steering gear.

Nevertheless, under the influence of alcohol, the Defendant was negligent in proceeding as it is, and the Defendant was found to have received the left part of the instant camping vehicle with the top part before the right-hand side of the said rocketing car.

The Defendant, by its occupational negligence, caused the victim E (V, 59 years of age) who was boarding the above camphouse to suffer injuries, such as catum salt, etc. in need of approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C's accident explanatory note;

1. Application of Acts and subordinate statutes, such as a circumstantial report on a host driver, a report on whether to drive any danger, and a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the driving under the influence of alcohol under Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act;

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