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(영문) 춘천지방법원 영월지원 2016.11.22 2016고단304
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaging in driving a car B car.

On June 12, 2016, the Defendant driven the said car under the influence of alcohol level of 0.119% on blood alcohol level around 01:20 on June 12, 2016, and led D front roads located in Gangwon-gun C, Gangwon-do, to proceed with the front roads located in Gangwon-do.

At the time, there was a vehicle parked in the front time and at night, so there was a duty of care to look at the front and left right and the right and the right of the driver of the vehicle well, and to operate the steering and steering system accurately and safely.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and was operated by E, which was parked on the right side of the Madern, and was operated by E, with the front part of the F-A-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed Vehicle.

Ultimately, the Defendant suffered injury, such as an open room on the left-hand side, which requires approximately two weeks of medical treatment, to the victim G (V, 53 years of age) who was on the Defendant’s car by negligence in the above occupational negligence.

2. Around 00:50 on June 12, 2016, the Defendant driven a B-car under the influence of alcohol with a blood alcohol concentration of 0.119% from the 14.5km section to the place indicated in paragraph (1) from the parking lot adjacent to the Taecheon Station located in Thai-si, Thaik-si to the place indicated in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. A report on the occurrence of a traffic accident, a report on actual condition, on the site, and vehicle photographs;

1. Notification of the results of crackdown on drinking driving and application of Acts and subordinate statutes of a report on the circumstances of drinking drivers;

1. Article 3(1) and the proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, the Article 268 of the Criminal Act, Article 148-2(2)2 of the Road Traffic Act, and Article 44 of the Road Traffic Act concerning criminal facts;

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