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(영문) 춘천지방법원 원주지원 2018.05.09 2018고단162
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a car with C test as a driver.

On December 17, 2017, the Defendant driven the aboveme car in the state where it is difficult to drive normally due to alcohol concentration of 0.132% due to alcohol level in front of the original forest aviation management station located in 104, a 12:18 Won-si, Hanju-si on December 17, 2017, and driven the aboveme car in the state where it is difficult to drive normally.

At this point, there was a duty of care to prevent accidents in advance by safely examining both the front and the left and the right of the driver without breaking the central line to the person engaged in driving service, at a place where the center line of yellow solid lines is installed.

Nevertheless, as above, Defendant 1, while driving in a state of difficult driving, such as snow breath due to drinking, and pedestrian condition with a strong distance, was due to the negligence of driving by the central line, and the victim D (60 years old) driving on the opposite opposite lane due to the negligence of driving the central line, received the part above the left-hand part of Defendant 1’s driving in front of the car.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of alcohol as above, and suffered an open laverization which requires approximately 16 weeks medical treatment to the victim.

2. On the date and time set forth in paragraph 1, the Defendant driving a vehicle with approximately KRW 1 km from the trade name in fluence to the place set forth in Paragraph 1 before the original city, in the condition that the Defendant was under the influence of alcohol with 0.132% of alcohol during blood, as set forth in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition, a report on the results of regulating drinking driving, and a medical certificate;

1. Application of Acts and subordinate statutes to inquire about criminal history;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2(2)1 and 44(1)1 of the Road Traffic Act concerning criminal facts.

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