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(영문) 춘천지방법원 원주지원 2014.02.11 2013고단728
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

except that 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. Around 00:00 on August 21, 2013, the Defendant driving a B 5 car while under the influence of alcohol with approximately 500 meters alcohol concentration 0.219% in a section of approximately 500 meters from the street in front of Mac Kapon in the Eup/Myeon of the crossing-gun of Gangwon-do to the side of the river in the same Eup/Myeon.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a K5 vehicle.

The Defendant, while under the influence of alcohol concentration of 0.219% at the time and time set forth in paragraph (1), driven the said car with a alcohol concentration of 0.219%, and proceeded at a speed of approximately 60 km from the breadth to the breadth of the parallel, which is the next side of the parallel set forth in paragraph (1).

At night and its location was cross-sections. Therefore, a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle in order to safely prevent accidents, such as by operating the steering direction and brake system before entering the intersection accurately, by giving a speed to reduce the course in advance, and by changing the direction.

Nevertheless, due to the above influence of alcohol, the Defendant was negligent in driving at a left-hand turn while neglecting it, and was driven by the victim C (Nam, 56 years old) who was driving directly from the opposite lane to the intersection on the opposite side of the said vehicle vehicle by the Defendant’s driving. The Defendant received the front part of the motor vehicle driving ahead of the said motor vehicle.

Ultimately, the Defendant suffered injury, such as a cage cage cage cage, etc., which requires approximately six weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes to reports on detection of drivers, reports on risk driving, and medical certificates;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury resulting from dangerous driving and the choice of imprisonment) and Article 5-11 of the same Act concerning criminal facts;

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