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(영문) 춘천지방법원 강릉지원 2013.11.06 2013고단512
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

1. 도로교통법위반(음주운전) 및 도로교통법위반(무면허운전) 피고인은 2013. 7. 13. 23:16경 자동차운전면허 없이 혈중알콜농도 0.169%의 술에 취한 상태로 강릉시 입암동에 있는 ‘세븐나잇’ 주점 앞 도로에서부터 강릉시 노암동에 있는 ‘넷짱’ PC방 앞 도로에 이르기까지 약 3km 구간에서 C 그랜저 승용차를 운전하였다.

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

The Defendant, while under the influence of alcohol content 0.169% at a time as referred to in paragraph (1), was driven by the said car and proceeded in the front way of the Gangseo-si Seongbukdong Office, Gangnam-dong, Gangnam-dong, in accordance with the two-lane roads from the west-dong off to the west-dong bank.

At the time, it was night, and there was difficulty in extinguishing the length of the automobile, so there was a duty of care to regulate the speed in advance so that a person engaged in driving a motor vehicle can accurately operate the brake system, secure a safety distance, and prevent accidents from spreading.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim D (year 24) who was under the influence of a signal stop at the front of the road due to negligence while neglecting this, and was driven by the victim D(year 24).

As a result, the Defendant, while driving a motor vehicle under the influence of alcohol which is difficult to drive normally, was inflicted on the victim F (52 years of age), who was on board the damaged motor vehicle, and the victim G (40 years of age) who was in need of medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The report on the detection of a de facto survey report, on-site photograph, and the master driver;

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