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(영문) 춘천지방법원 원주지원 2014.01.23 2013고단813
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

except that 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. Around 01:05 on November 8, 2013, the Defendant was driving a C Costasch Rexroth under the influence of alcohol content of approximately 0.275% in a section of about 3km from the parking lot in the original city level to the 9rd apartment distance in the original city, from the parking lot in the original city level to the 9rd apartment in the original city level.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person who is engaged in driving car of C Cost Star.

On November 8, 2013, at around 01:05, the Defendant driven the above passenger car with the blood alcohol concentration of 0.275%, and proceeded with the front distance of the 9th apartment in the name of the original city, from the front city to the front distance of the 9th apartment in the front city, the front distance of the 9th apartment in the front city.

At the time, since it is an intersection where a signal is installed at night, there is a duty of care to protect the vehicle's driver and prevent the accident in advance by safely driving the vehicle.

Nevertheless, the Defendant neglected to drive normally due to the above influence of drinking, and was negligent in driving while driving the vehicle at the Mad Co., Ltd. (32 years of age) prior to mam5 vehicle due to the negligence, and received the back part of the EM5 vehicle from the front part of the above Mad Co., Ltd.

Ultimately, the Defendant suffered, by the above occupational negligence, the injury to the victim D, such as salt, tensions, etc. in light of the influence that requires approximately two weeks of medical treatment, and the injury to the victim F (30 years of age) who is the passenger of the said SM5 car, to approximately four weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. The police statement concerning G;

1. A written statement;

1. Application of Acts and subordinate statutes to the report on the proper launch of a driver, the report on whether to drive any danger, and the written diagnosis;

1. Specific crimes as prescribed in the corresponding provisions of the Act regarding criminal facts.

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