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(영문) 춘천지방법원 원주지원 2014.01.23 2013고단819
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 19:00 on December 2, 2013, the Defendant driven a C Sti-type car while under the influence of alcohol content of about 0.109% from the section of about 10km to the luminous distance in the Heari-si Heari-si Hari-si from the front day of the Young Fari-si Hari-si Hari-si, Changju-si.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person who is engaged in driving a vehicle in C.

At around 19:00 on December 2, 2013, the Defendant driven the said car while under the influence of alcohol, and proceeded with the roads near the luminous distance in the interest gypology at the interest gypology at the time of the original week from the front bank to the front bank.

At the time, at night and in the front direction of the defendant, the victim D (n, 52 years old) is driving, and in such a case, there was a duty of care to safely drive the vehicle by making it possible for the person engaged in driving the vehicle to live well on the front side and the right side and the right side and maintaining safety distance.

Nevertheless, the Defendant neglected this and received the back portion of the said vehicle from the Defendant’s passenger vehicle in front of the passenger vehicle, which was stopped in accordance with the front section of the front section by negligence.

As a result, the Defendant, while driving a motor vehicle under the influence of alcohol which is difficult to drive normally, suffered injury, such as brain-dead, etc. for about 2 weeks of medical treatment, respectively, to the victim D and the victim F (the age of 53) who was on board the motor vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D and F;

1. Application of Acts and subordinate statutes to the report on the proper launch of a driver, the report on whether to drive any danger, and the written diagnosis;

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

1. The Commercial Concurrent Crimes Act.

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