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(영문) 춘천지방법원 원주지원 2014.02.12 2014고단28
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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. From around 22:20 on December 24, 2013, the Defendant driven a B non-stop car under the influence of alcohol with approximately 100 meters alcohol concentration of 0.186% in a section of approximately 100 meters to the front of an oil station located in the inner gate located in the river located in the Gangseo-gun of Gangwon-do to the front of the oil station located in the Guide-gun of Gangwon-do.

2. On December 24, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) (hereinafter “Dangerous Punishment, etc.”) passed the front of the oil station located within the inner jurisdiction of the riverside zone by driving a B B B B non-land car from December 24, 2013 to the 6th national highway from the cafeteria.

At night, she was installed at the center line of the yellow-ray at night, and the center line was installed at the time, and the driver had the duty of care to ensure the safe operation of the driver by thoroughly keeping the front-time watch and maintaining the tea.

Nevertheless, the Defendant neglected to do so and was negligent in breathing on the center line while driving a vehicle as above, and received the part left side of the victim’s driver’s vehicle with the left side of the driver’s vehicle.

As above, the Defendant, while driving under a difficult condition to drive normally due to influence of alcohol, suffered injury, such as salt, tension, etc. of the boomed bones, which requires medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident report (1) (2), a report on detection of a motor vehicle driver, and a report on whether it is a dangerous driver;

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

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking and the choice of imprisonment), Articles 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 choice

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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