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(영문) 춘천지방법원 속초지원 2014.04.16 2014고단47

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. Around 20:30 on November 24, 2013, the Defendant driven a C low-speed car while under the influence of alcohol content of about 0.206% from the 3km section to the rapid bus terminal located in the same Dong at about 20:34 on the same day from the steering deadline in early early early early early 2013 to the rapid bus terminal in the same Dong.

2. Around November 24, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) (hereinafter “Dangerous Punishment, etc.”) driven a low-speed car listed in paragraph (1) while under the influence of alcohol and continued three-lane roads in front of the Choyangyang-dong in Seocho-si, Seocho-si, Seoul at the speed of 50 to 60km, depending on one lane.

At the time, it was difficult to see the road surface as it was unflat at night, and it was difficult to see the road surface, and at all times, it was a three-distance intersection where the vehicle signal, etc. is installed. Therefore, the driver of the motor vehicle has a duty of care to check the traffic situation while driving the motor vehicle well while driving the motor vehicle and safely drive the motor vehicle in accordance with the signals of the frontline and prevent the accident in advance.

Nevertheless, the Defendant, while under the influence of alcohol, proceeded with the front-way vehicle signal while making it difficult to determine the normal traffic condition and operate a vehicle, and entered the said intersection to the right side from the left side of the Defendant’s course, led to the victim D(64 years old) who was under the left-hand turn pursuant to the new subparagraph to the right side of the motor vehicle in which the victim D(64 years old) was driving, to the front-way part of the motor vehicle in front of the left side of the said high-speed vehicle. On the opposite direction, the Defendant continued to take the front side of the said high-speed vehicle in front of the passenger vehicle, which was driven by F, which was under the influence of the signal from the front side of the said high-speed vehicle to the signal signal.

For this reason, the defendant's vehicle of the E-Poter cargo is moving back to the direction of the anti-clock due to its shock, and is left behind the right side.