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(영문) 춘천지방법원 원주지원 2017.03.29 2017고단36
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 9, 2016, the Defendant violated the Road Traffic Act (divated driving) driving a C-learning car under the influence of alcohol of about 0.16% of alcohol concentration from the 5km section from the beginning of the Hemsan Demsan C-turn, which was in the Dobong-si, Won-si, Won-si, to the front road of the same city B.

2. The Defendant is a person engaging in driving a vehicle as specified in paragraph (1).

On December 9, 2016, the Defendant driven the above vehicle on December 19, 2016, and led the two-lane road in front of the original city to the half-way from the parallel of the road.

At the time, there are nights and vehicles standing in the signal waiting at the front door, so there was a duty of care for those engaged in driving motor vehicles to safely operate the brake system by properly operating it.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and did not look well at the front bank, and by negligence driven by the victim D(34 ) who is waiting for a signal signal at the bend bank, and received the part behind the right side of the E-Spo-type car and the upper part above the left side of the Defendant vehicle.

Ultimately, the Defendant, while driving the said car in a situation where normal driving is difficult due to the influence of drinking, suffered injury, such as salt ties, tensions, etc., which require approximately 2 weeks medical treatment, respectively, to the said victim and the victim F (27 years old) who was on board the said car.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Notification of the results of regulating the driving of drinking alcohol, a situation report on the driver of drinking alcohol, and a written diagnosis;

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

1. Article 37 of the Aggravation of Concurrent Crimes Act.

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