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(영문) 춘천지방법원 강릉지원 2017.06.28 2017고단383
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 10, 2017, the Defendant: (a) driven a Cgallon, while under the influence of alcohol more than 0.150% of alcohol content from around 1 km section from around 274, 2017 to around 20:50 to around 20:50, the Defendant driven a Cgallon.

2. The Defendant is a person who drives a bareboat cargo vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On March 10, 2017, the Defendant changed the two-lanes from the junung City B to the one-lanes from the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lane.

At the same time, as an intersection, the victim D (45 years) and the Eone Star and the passenger car were in the atmosphere of the signal signal, so in such a case, there was a duty of care to safely drive the vehicle by checking the trend of the front vehicle in good faith.

Nevertheless, the defendant neglected to drive normally due to the influence of alcohol, and neglected to do so, and by negligence, the defendant was found to have received the back part of the right-hand part of the cargo vehicle that the defendant is driving.

Defendant 2 suffered injury, such as salt dynasium and tensions, which require approximately two weeks of treatment due to negligence in the above business.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

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

1. Notification of the results of regulating the driving of drinking alcohol, statement of the circumstances of the driver of drinking alcohol, report on whether to drive any danger, and report on the detection of the driver of drinking alcohol;

1. Response to a request for appraisal;

1. All on-site photographs;

1. Reports and investigation reports on internal investigation (related to the increase in drinking and investigation related to the rise of drinking driving and the amount of drinking alcohol to the accused);

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

1. The point of violation of the relevant Article of the Act and the traffic laws as stated in the judgment of the choice of punishment against criminal facts:

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