beta
(영문) 춘천지방법원 강릉지원 2017.06.21 2017고단242

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for one year.

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 June 11, 2007, the Defendant was sentenced to a fine of five million won due to a violation of road traffic laws (drinking) at the Gangnam Branch of the Chuncheon District Court, which was sentenced to a fine of five million won due to the same support on November 1, 2012, and was sentenced to a suspension of the execution of two years due to a violation of road traffic laws (drinking) at the same support on January 24, 2013.

Although the Defendant had been punished for driving alcohol more than twice as above, on January 13, 2017, the Defendant driven C Hyundai 5 tons, while under the influence of alcohol content of about 0.171% from the 1km section from around the model Haak-si apartment of Gangseo-si, Gangnam-si, Seoul, to the south-west of the same time, the Defendant driven a vehicle of about 1km with alcohol content of about 0.5 tons under the influence of alcohol.

2. The Defendant is a person driving CMo 5 tons cargo vehicles.

On January 13, 2017, at around 17:55, the Defendant driven the above cargo vehicle while under the influence of alcohol, as described in the above 1.1., and led to the passage of the two-lane parallels in the south of Gangseo-si Sung-si in the south of Gangnam-si, which is located in the south of Gangseo-si, along the south side of the East Sea with one-lane from the south side of the East Sea as the front side of the East Sea.

In this case, there was a duty of care to ensure that a person engaged in driving of a motor vehicle has a duty of care to properly observe the steering gear and operate the steering gear in a safe manner.

Nevertheless, the Defendant neglected to drive in a state where normal driving is difficult due to the above influence of alcohol and neglected to drive the two-lanes, and was negligent in driving the said two-lanes, the part on the top of the EM5 vehicle driven by the victim D(58 tax) who was waiting in the traffic signal at the two-lanes, and the front and rear part of the EM5 vehicle, and the G franchise driven driven by the victim F while waiting in the traffic signal at the SM5 vehicle.

The defendant is a victim due to the above occupational negligence.