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(영문) 춘천지방법원 원주지원 2013.09.11 2013고단439
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 10:00 on June 7, 2013, the Defendant driven a B Belgium car with a blood alcohol content of about 0.163% from the 1km section to the road in front of the Han-do apartment complex located in the original city of nuclear power.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) runs along two lanes a three-lane road in front of the Hanravidi, one-time driving zone, one-time driving zone, as described in the above paragraph (1).

In this case, a person engaged in driving of a motor vehicle has a duty of care to reduce the speed, to live well the right and the right of the motor vehicle, and to drive the motor vehicle safely in accordance with the signals.

Nevertheless, the Defendant, under the influence of alcohol as above, was driven by the victim C (year 44) who was under suspension due to negligence due to the failure to drive the vehicle at the front of the Belgium car while it is difficult for the Defendant to drive the vehicle at a normal time due to the influence of alcohol, and was driven by the victim C (year 44) with the rear part of the Belgium car.

Ultimately, the Defendant suffered, by negligence in the above business, injury to the victim C, such as salt ties and tensions, and injury to the victim E (V, 40 years of age) who was on board the said small-scale car with approximately three weeks of medical treatment, and injury to brain salvines, etc. requiring approximately two weeks of medical treatment, and injury to the victim F (V, 6 years of age) and the victim G (14 months of age), respectively.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Reports on traffic accidents (1), (2), reports on detection of drivers, and reports on whether to drive any motor vehicle in danger;

1. Application of Acts and subordinate statutes of four copies of a medical certificate (C, E, F, G);

1. As to the punishment, etc. of each specific crime under Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act and Article 148-2 (1) of the same Act.

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