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(영문) 춘천지방법원 강릉지원 2014.08.08 2014고단513
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

The Defendant is a person who is engaged in driving Category C truck.

On June 4, 2014, at around 18:50, the Defendant driven the said vehicle while normal driving is difficult due to the influence of alcohol by 0.219% of the blood alcohol concentration, and proceeded the said vehicle from the intersection of the sloping valley 2ndr of the ethropic ethral of the ethropical ethr, the ethic ethic ethic ethic ethic ethr

At the time, weather flows and it was a three-distance intersection without signal, so in such a case, there was a duty of care to look at the right and the right and the right and the right and the right and duty of care to prevent accidents by accurately manipulating the steering system and the brakes.

Nevertheless, under the influence of alcohol, the Defendant neglected to operate the hand late, and applied the left turn to the left at an excessively large angle, and shocked between the two stroke and the two stroke disaster in the front right part of the Defendant’s vehicle, and shocked the fences to prevent the fall of the stroke.

Ultimately, the Defendant suffered injury to the victim D (V, 49 years of age) who was accompanied by the Defendant’s occupational negligence on the part of the head that requires approximately three-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Details of inquiries about management of reports on the detection of hosts;

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

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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