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(영문) 춘천지방법원 2019.11.27 2019고단957
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for a term of one year and four 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

[Criminal Records] On February 15, 2008, the Defendant was sentenced to a fine of 1.5 million won as a crime of violating the Road Traffic Act (driving) in the Young-gu Branch of the Chuncheon District Court.

【Criminal Facts】

1. On August 22, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) driven a DNA car owned by the Defendant while normal driving is difficult due to the following: (a) around 13:50 on August 22, 2019, while under the influence of alcohol level 0.214% of blood alcohol level; (b) he was driving a DNA motor vehicle owned by the Defendant with a view to driving in the direction of normal high speed, such as the lux and the lux are inculous, and the lux appears to be fully red.

At the time, the driver of a motor vehicle has a duty of care to live well in the trend of the front-way vehicle, secure a sufficient safety distance, and drive the motor vehicle due to the low passage of the motor vehicle at the time.

Nevertheless, the Defendant neglected this, while driving the vehicle under the influence of alcohol without properly examining the remaining front-way vehicle, and proceeded ahead of the vehicle under the influence of the victim E (the age of 45) who parked in the signal atmosphere while driving in front of the vehicle, and shocked the driver part of the vehicle under the front part of the vehicle under the influence of the vehicle under the influence of the Defendant.

As a result, the Defendant sustained injury to the victim E, who driven the said low-speed vehicle while driving the said high-speed vehicle due to influence of alcohol, such as light dynaf for about two weeks in need of medical treatment, and injury to the victim G (36 years in age) who was on the said high-speed vehicle to the victim G (36 years in age) in need of medical treatment for two weeks.

2. On the same date and time as above, the Defendant driven a soft vehicle like the above paragraph (1) at a section of about 2 km from the front side of the H apartment in Chuncheon to the front side of C in the same city from the upper end of the H apartment in Chuncheon City to the upper end of C in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. E;

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