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(영문) 춘천지방법원 원주지원 2014.04.23 2014고단180
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 of the final judgment.

Reasons

Punishment of the crime

On May 29, 2009, the Defendant issued a summary order of KRW 500,000 as a fine for a violation of the Road Traffic Act, and KRW 1,50,000 as a fine for a violation of the Road Traffic Act in the same court on December 10, 2010.

1. On January 21, 2014, the Defendant driven a freight vehicle B by Bribe on the road near the intersection of the doctor’s length distance prior to the front of the doctor’s length in front of the original city, while under the influence of alcohol with a blood alcohol concentration of 0.148% at around 21:55.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was driving the said vehicle at the time and place specified in paragraph (1) where it was difficult to drive the vehicle normally due to influence of drinking, and led the said crossing to turn off the intersection from the right side of the doctoral degree to the right speed of the string distance.

The location is a private-distance intersection where traffic is controlled by signal apparatus, and at the time, the victim C (V, 50 years old) is driving the DUP car on the left side of the defendant's driving direction, and therefore, the driver of the motor vehicle has a duty of care to prevent the occurrence of the accident by driving the steering gear and brakes accurately.

Nevertheless, the Defendant, due to the influence of drinking, was negligent in moving by right-hand by right-hand and driving in a situation where normal driving is difficult due to the influence of drinking, and caused the part of the damaged vehicle to be sleeped by the front part of the Defendant’s driving.

Ultimately, the Defendant suffered injury to the victim, such as salt ties, tensions, etc. in need of treatment for about three weeks due to the foregoing accident.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of traffic accident-related persons;

1. A report on detection;

1. A written diagnosis of injury;

1. The actual condition survey report;

1. Records of judgment: Criminal records, etc.;

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