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(영문) 춘천지방법원 2014.02.11 2013고단1158
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

【Criminal Power】 On November 29, 2007, the Defendant was sentenced to imprisonment for 4 months with prison labor for a violation of the Road Traffic Act, etc. at the Chuncheon District Court on April 2007, and on November 14, 2008, by the same court, for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dangerous Driving). The Defendant is a person who is engaged in driving of a 31 ton and freight vehicle. The Defendant was under the influence of alcohol concentration of 0.15% without a driver’s license on November 19, 2013 while driving the said truck under the influence of 0.15% of the blood alcohol concentration without a driver’s license, and was directly in the direction of 000 U.S. on the back of the Seocheon-do District Court. The Defendant was unable to engage in a normal under the influence of alcohol and physical injury at the time, and the Defendant was under the influence of the said 1 ton of the said cargo vehicle at the time.

Ultimately, even though the Defendant was unable to drive a motor vehicle under the influence of alcohol without a driver’s license, he/she violated it more than twice, thereby driving the motor vehicle, and caused injury to the victim, such as brain, which was negligent in failing to perform his/her duty of front-time care as a motor vehicle driver while normal driving is difficult, due to the negligence of failing to perform his/her duty of front-time care for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Statement on the occurrence of a traffic accident;

1. A performance-based report, a performance-based driver, a statement on the state of his/her standing, a report on the occurrence of a traffic accident, and a report on a traffic accident;

1. A medical certificate;

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