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(영문) 춘천지방법원 원주지원 2015.10.06 2015고단662
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 16:20 on August 1, 2015, the Defendant driven B cargo under the influence of alcohol content of about 0.228% from the 1km section to the front road of the nameing Dong Dong in the original Dong Dong-dong in the original city, from the front day of the same city to the front road of the 188 Gidong Agricultural Cooperatives.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was driven by B cargo vehicles under the influence of alcohol concentration of 0.28% at the time and time set forth in paragraph 1, and led to two-lane roads of 188 academicly East-dong No. 188 in the direction of the original city to the original city health clinic from the edge of the capital city.

In this case, the person engaged in the driving of motor vehicles has a duty of care to properly operate the steering direction and brake system and to inform the direction of the direction in advance when changing the lane, and to ensure that the person has a duty of care to safely drive the vehicle by keeping the traffic situation of the front and rear left.

Nevertheless, under the influence of alcohol, the Defendant was negligent in changing the lane, and was placed on the right-hand panion of the victim C(the 45-year-old driver) driving by the driver of the victim C(the 45-year-old driver) who was going on the right-hand panion.

Ultimately, the Defendant driving a motor vehicle in a state where normal driving is difficult due to influence of alcohol, resulting in injury to the victim C, such as brain salvy which requires treatment for about two weeks, such as the victim E (the 42 years old), the victim F (the 12 years old), and the victim G (the 11 year old age), respectively.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

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

1. A report on actions taken against an employer, a report on the status of the driver, and a report on whether he/she will drive any danger;

1. Written estimate;

1. Each written diagnosis;

1. Application of field photographs and photographs statutes;

1. Criminal facts;

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