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(영문) 춘천지방법원 영월지원 2013.03.29 2012고단552
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 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 a third party car.

1. On November 17, 2012, the Defendant driven the said small-scale car under the influence of alcohol content of 0.176% at the construction site of a tunnel, which is located in the Jin Chang-gun, Seocheon-gun, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-do, and at the construction site of a tunnel, which is located in the same military area, and the front road, with a blood alcohol level of 0.176%.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was committed by the Defendant on the right side of the road while driving the said small-type car under the influence of alcohol as above at the same time, and driving the said small-type car on the front of the Jin Chang-gun, Gangwon-gu, Seoul Special Metropolitan City, while making it difficult to drive the car normally due to the influence of alcohol. In such a case, the Defendant had a duty of care to reduce the speed and drive the car safely by properly examining the right side and the right and the right.

Nevertheless, the Defendant neglected to do so, while driving on the right side of Mandong car owned by D, which was parked on the right side of the Mandong Road, without reducing the speed as seen above, and got the rear panion of the Mandong car owned by D, which was parked on the right side of the Mandong Road, and did not properly operate the Mandong car, and the victim F (F, 56 years old) who was driving on the following part, left the driving seat of the Mandong car, followed the above Mandong part of the Mandong car, and got the above F to take the above part of the Mandong car, and suffered the injury, such as Mandong, which requires approximately two-day medical treatment, and suffered from the injury of the victim H (H(57 years old) who was on board the said Mandong car, for about two-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D and F;

1. Each written diagnosis;

1. Photographs;

1. A report on the occurrence of a traffic accident, a report on the detection of a drinking driver, and a report on the status of a drinking driver;

1. Statement of witness to an investigation.

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