(영문) 춘천지방법원 2013.03.28 2012고단1262

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 춘천지방법원 2013.03.28 2012고단1262

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a C-A-Wurt Motor Vehicle.

At around 20:40 on August 18, 2012, the Defendant, while under the influence of alcohol of 0.13 percent of blood alcohol concentration, was influenite, faceed red, snowed, and proceeded at a speed of 40 to 50 kilometers per hour at the speed of 40-50 kilometers per hour by driving the above vehicle in a state that it is difficult to drive the vehicle normally, such as where snow is shocked, and where it is difficult to drive the vehicle normally.

Since there is a intersection where signal lights are installed, there was a duty of care to thoroughly see the front side and the left and the right of the driver of the vehicle, to accurately operate the steering and steering system, and to prevent the accident by proceeding in accordance with the direction of signal, etc. on the front side.

Nevertheless, the Defendant neglected this and received the front wheels part of the victim D(32 years old) driving, which was left left to the left at the vehicle line of the opposite part to the right-hand turn, in contravention of the signal, from the front part of the said car as the front part of the said car.

Ultimately, the Defendant driven the said car in a state where normal driving is difficult under the influence of alcohol as above, resulting in the death of the victim D due to cerebral injury caused by cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral in Switzerland, at around 01:45 on the 20th of the same month. The Defendant inflicted an injury on the victim F (WW, 33 years old) who was on the back of the Austria, with the treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and the report requesting appraisal;

1. A report on whether to drive any dangerous motor vehicle;

1. Application of Acts and subordinate statutes to death certificates and diagnosis certificates;

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to a dangerous driving) and the latter part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing death or injury to

참조조문

-특정범죄 가중처벌 등에 관한 법률 제5조의11

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