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(영문) 춘천지방법원 강릉지원 2015.11.13 2015고단857
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 8, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death, etc. resulting from Dangerous Driving) was under the influence of 0.159% of alcohol concentration in blood with the national highways No. 7 in front of the border distance, which are located in Gangseo-si Yung-si, around July 21, 2015.

At the time of night, there was a flow of the front door, and there was an intersection where signal lights are installed. Therefore, the driver of the motor vehicle had a duty of care to accurately operate the steering gear by making the front door well in starting the temporary suspension before entering the intersection and leaving the intersection.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting this, imprisoned the center line due to the negligence that did not operate the electric confirmation and steering gear, and flabed the front part of the driver’s seat of the DMW car driven by the victim C (V, 51 years old) who was in the atmosphere on the opposite left-hand left-hand turn.

As a result, the Defendant driven the said car in a state where normal driving is difficult due to influence of alcohol, and suffered injury to the victim C, such as dynaf, etc., of the bones of wood, which requires a two-day medical treatment, and suffered on the victim E (V, 55 years old) who was on board the victim’s driving line, for about two-day medical treatment.

2. 도로교통법위반(음주운전) 피고인은 2015. 7. 8. 21:00경 강릉시 하평길에 있는 훌랄라치킨 앞 도로에서부터 같은 날 21:35경 강릉시 율곡로에 있는 경포사거리 앞 도로에 이르기까지 약 3km 구간에서 혈중알코올농도 0.159%의 술에 취한 상태로 B 코란도 스포츠 화물차량을 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and E;

1. The occurrence report and the report on the traffic accident;

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