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(영문) 춘천지방법원 원주지원 2014.10.07 2014고단702
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. 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 BM5 car;

On July 18, 2014, the Defendant driven the said car on July 18, 2014, and led the front road of the foreign exchange bank, which is located in 223 U.S., from the horizontal distance to the underground streets.

At that time, the Defendant, while under the influence of alcohol concentration of 0.208%, was in an inaccurate, smelled, sniffing, and having difficulty in normal driving due to under the influence of alcohol, such as that walking is not normal, etc., and the victim C (the 46-year-old driver) was at the front time stopping in the signal signal atmosphere. In such a case, the Defendant is prohibited from driving, and even when driving, the Defendant had a duty of care to operate safely by accurately operating the brake system.

Nevertheless, under the influence of alcohol, the Defendant was negligent in neglecting the front week, but did not immediately find out the said SM5 vehicle so as to be late behind, and did not stop the said vehicle, and received the front part of the said SM5 vehicle.

Ultimately, the Defendant, as seen above, driven in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim, such as salt pans, tensions, etc. in need of treatment for about two weeks.

2. Around 18:55 on July 18, 2014, the Defendant driven a BM5 vehicle under the influence of alcohol content of 0.208% at approximately 15km from the 15km section to the front of the foreign exchange bank located in 223 U.S. in the vicinity of the U.S.-gun Hacheon-ro Hacheon-ro.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes to the detailed statement report and diagnosis report to a host driver;

1. The relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment, etc. shall be applied to the injury resulting from dangerous driving and imprisonment.

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