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(영문) 춘천지방법원 강릉지원 2016.07.20 2016고단377
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of Cratf cars, and was sentenced to a fine of 2.5 million won or more due to a violation of road traffic law in the Gangnam Branch of the Chuncheon District Court on July 14, 201, as well as a person who was sentenced to a fine of 2.5 million won or more due to drinking driving.

On February 27, 2016, while under the influence of alcohol level of 0.104% from blood level around 15:50, the Defendant driven the said fluorial car with a 0.104% alcohol level, and continued to drive the said fluorial car on the fluorial day by the head of the Gun support group as the fluoron-side fluor-ri day from the fluor-ri side to the fluor rate.

Since there was a narrow road where the center line of yellow solid lines is installed, there was a duty of care for those who are engaged in driving of motor vehicles to live well, and to safely drive motor vehicles while keeping their lanes.

Nevertheless, under the influence of alcohol, Defendant 1 was unable to drive normally, such as red, snow, strong smelling, snicking, and snicking, etc., by negligence going beyond the central line, without looking at the front line, and by negligence going beyond the central line, Defendant 1 received the front part of the right side of the E- concrete mixing truck in the opposite direction, and received the front part of the Defendant 1’s car from the left side.

As seen above, Defendant 1 driven a motor vehicle in a situation where normal driving is difficult due to influence of drinking, and suffered injury, such as cage cages, which require approximately four weeks of medical treatment.

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 actual condition investigation;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. A report on whether to drive any danger;

1. All on-site photographs;

1. A medical certificate;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report-based previous convictions and results of confirmation;

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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