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(영문) 춘천지방법원 강릉지원 2014.08.08 2014고단570
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 7, 2014, the Defendant driven BM5 vehicle under the influence of alcohol with approximately 100 meters alcohol concentration 0.215% from the 3rd apartment complex located in Gangseo-si, Gangseo-si, to the roads located in the same Dong from the 3rd apartment complex located in Gangseo-si to the 2nd apartment complex located in the same Dong.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person driving a BM5 vehicle;

On June 7, 2014, the defendant driven the above vehicle at around 21:10, while driving the vehicle, the defendant proceeded with the two-lane road in front of the Gangseo-si modern apartment.

At this point, it is one-lane road, and at the front side, the driver of the vehicle stops in the atmosphere of the victim C(28 years old) driving and the driver of the vehicle stops in the left turn signal, so there was a duty of care to make the driver of the vehicle well look at the front side and to secure the safety distance with the vehicle ahead.

Nevertheless, the Defendant was negligent in driving a motor vehicle while driving the motor vehicle while normal driving is difficult due to influence of drinking.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of approximately two weeks of treatment due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on detection of a host driver;

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

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

1. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the punishment shall be imposed within the scope of the sum of the long-term punishments for crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than the punishment, and the lower limit shall be applied;

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