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(영문) 춘천지방법원 원주지원 2015.01.28 2014고단1171
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

The Defendant is a person who is engaged in driving of Bone Star vehicles.

1. On October 21, 2014, the Defendant driven the said vehicle while under the influence of alcohol with a blood alcohol concentration of 0.157% at the front section of the “D convenience store” located in Kuju-si, Seoul, around October 21, 2014.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury resulting from Dangerous Driving) was driving the said vehicle that was parked under the influence of alcohol at the same time and at the same place.

At the time, the place was left behind a three-way distance without signal lights, and the F observer car driven by the victim E (the age of 31) was stopped, so there was a duty of care to prevent accidents in advance, such as making the driver of the vehicle well aware of the situation, accurately manipulating the steering wheel and brake system, and moving safely.

Nevertheless, the Defendant neglected to do so under the influence of alcohol and received the front part of the observer car operated by the Defendant with the back part of the said Lone Star vehicle operated by the Defendant due to negligence.

As a result, the Defendant suffered injury to the victim and the victim G (V, 41 years old) who was on duty due to the above occupational negligence in a state where normal driving is difficult due to the influence of drinking, such as dump, tension, tension, etc. in which treatment for about two weeks is required.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of G and E;

1. Each written diagnosis;

1. A report on detection of a host driver;

1. Application of the traffic accident report (1) (2) Acts and subordinate statutes;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, as to the crime committed under the corresponding Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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