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(영문) 춘천지방법원 강릉지원 2016.11.04 2016고단1199
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

However, 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 12:20 on August 30, 2016, the Defendant driven B 130 vehicles under the influence of alcohol with a blood alcohol concentration of 0.190% from the 2km section from the south mountain Park located in Gangseo-si, Gangnam-si, to the place specified in paragraph (2) below.

2. The defendant is a person engaged in driving a vehicle B i30, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

On August 30, 2016, the Defendant driven the said vehicle under the influence of alcohol of 0.190% with a blood alcohol concentration of 0.190% on August 30, 2016, and led the said vehicle to proceed with the “D” front of the “D” in Gangnam-si C from the south of the Gangnam to the south of the mountainside.

Since there are two-lanes of two roads, other vehicles are passing through, so there was a duty of care to safely operate the vehicle by accurately operating the steering gear and steering the steering gear.

Nevertheless, as above, the Defendant was negligent in failing to properly look at the front part of the drunk, and discovered the FM vehicle of the victim E (the age of 23) driving in the above signal atmosphere late, and received the back part of the victim vehicle with the front part of the Defendant vehicle.

The Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of treatment due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Notification of the control results of drinking driving, report on the circumstances of drinking drivers, and report on whether to drive any dangerous motor vehicle;

1. 112. List of reported cases;

1. All on-site photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Violation of the corresponding provisions of the Act on Criminal facts and the Road Traffic Act as a decision of the choice of punishment: The provision of Article 148-2 (2) 2 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act concerning the specific crime committed.

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