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(영문) 춘천지방법원 원주지원 2015.09.09 2015고단489
도로교통법위반(음주운전)등
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

except that, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A

A. At around 04:10 on May 10, 2015, the Defendant: (a) driven a FM5 vehicle while under the influence of alcohol with the blood alcohol concentration of about 5km from the 5km section from the front of a restaurant to the front intersection located in D in the same city; (b) around 04:10 on May 10, 2015.

B. Around 04:10 on May 10, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven the said SM5 car with a blood alcohol concentration of 0.138% and proceeded at a speed of about 40 km from the cross-city bus terminal to the normal elementary school at a speed of about 40 km.

Since this is an intersection where no signal is installed, the person engaged in the driving of motor vehicles has a duty of care to safely drive the steering direction and brake system by reducing the speed or temporarily stopping the front left well after the person engaged in the driving of motor vehicles.

Nevertheless, the Defendant neglected to do so due to the negligence of entering the intersection by the Defendant, while driving the G SP motor vehicle of the victim B (the age of 22) driving that was driven on the right side from the left side of the course of the course, was driven by the Defendant’s front-hander of the passenger vehicle of H, which was parked on the left side while the said SP motor vehicle was set back, due to the shock, the left-hander of the H's IP motor vehicle of H which was parked on the left side while the said SPP motor vehicle was driven by the driver, and then, the Defendant got the victim J(the age of 48) driving the KP motor vehicle of the victim J(the age of 48) who was parked on the right side of the PPP motor vehicle.

Ultimately, the Defendant, while driving a motor vehicle in a situation where normal driving is difficult due to influence of alcohol, has inflicted an injury on the victim B, such as salt, tensions, etc. in need of medical treatment for about two weeks, and on the victim L(21 years old) who is a passenger of the above spke vehicle.

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