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(영문) 춘천지방법원 원주지원 2013.10.16 2013고단526
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

1. On June 2, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven a Bsp-wing vehicle with a blood alcohol concentration of 0.241% and proceeded along with Bsp-wing road from the sp-wing side to the Psp-won elementary school.

Since there is a center line of yellow-ray, there was a duty of care to ensure that a person engaged in driving service should thoroughly operate the entire city and safely in compliance with the tea.

Nevertheless, the Defendant, under the influence of alcohol, was under the influence of alcohol, at the victim C (the 45-year-old driver) driving with the center line at the center of the center line, and received the back wheels of the victim C (the 45-year-old driver) from the left-hand edge of the said passenger vehicle by the Defendant.

As a result, the Defendant suffered injury to the victim C due to the above occupational negligence in a situation where normal driving is difficult due to the influence of alcohol, such as cerebral tension in which it is necessary to treat the victim C for about three weeks, and the victim E (here 21 years of age) who was on board the said taxi with approximately two weeks of medical treatment, such as dynasium and tension in the bones, and the victim F (the 25 years of age), respectively, for approximately two weeks of medical treatment.

2. Around 23:00 on June 2, 2013, the Defendant driven a BSp-wing vehicle in the state of alcohol alcohol concentration of approximately 500 meters from the construction site at the original phase of nuclearju to the point of accident in paragraph (1) at approximately 500 meters from the vicinity of the construction site at the front phase of nuclearju to the point of accident.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of C, E, and F;

1. A survey report on the actual condition, a report on the detection of drivers, and a report on whether to drive any motor vehicle at risk;

1. Application of each written diagnosis (F, E, C) statute;

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

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