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(영문) 춘천지방법원 강릉지원 2014.09.17 2014고단655
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

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. At around 19:30 on July 8, 2014, the Defendant driven a C-A-hurd-hurged vehicle in the state of alcohol alcohol concentration of approximately 0.352% from the 10km section of the 10km section of the East Sea from the (ju) New Day in the East Sea Disaster Relief Zone to the road in front of the Docheon-si in the East Sea.

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

On July 8, 2014, the Defendant driven the above vehicle at around 19:30, and continued to cross-section in front of the Docheon-dong in the East Sea.

At this point, there was a duty of care to safely drive the vehicle to the person engaged in driving service.

Nevertheless, the Defendant, while driving the said vehicle under the influence of alcohol to the extent that walking is impossible without a breath, was driven by negligence going through the intersection by the Defendant’s vehicle at the intersection, and was stopped by the Defendant’s vehicle at the adjacent breath of the victim D(W, 59 years old) driving. The front part of the EM5 vehicle was driven by the Defendant’s front part of the vehicle.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury, such as salt dump, tension, etc., which requires approximately three weeks of treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Notification of the control of drinking driving;

1. Application of the Medical Certificate (D) Acts and subordinate statutes;

1. Relevant Articles 5-11 and 148-2 (2) 1 and Article 44 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Articles 14-2 (2) 1 and 44 (1) of the Road Traffic Act, and choice of imprisonment with prison labor for each crime;

1. From among concurrent crimes, violation of the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the crime of death or injury caused by dangerous driving)

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