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(영문) 춘천지방법원 강릉지원 2016.10.12 2016고단829

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for nine 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

[2016 Height829]

1. Around 02:25 on April 17, 2016, the Defendant driven a B Ssti-type car under the influence of alcohol concentration of approximately 0.127% from the section of about 30km to the national highways located in the 38knnam-ro, Don-do, Gangwon-do, Gangwon-do, Seoul Special Metropolitan City, to the 30km-do National Highway.

2. The defendant is a person who is engaged in driving a motor vehicle B in driving a motor vehicle in the specific district.

At the time and place set forth in the above 1. Paragraph 1., the Defendant driven the said car while under the influence of alcohol as set forth in the above 1. Paragraph 1., and was driving the national highway 38, which is located in 2182, the Gangnam-gu Seoul Metropolitan City, Gangwon-do, Gangwon-do, with a 30km speed from the Taebag-si area to the 30km-do area.

At the time, at night and where the center line of yellow-ray is installed, the surface was milched. Therefore, in such a case, the driver of the motor vehicle had a duty of care to look at the front line and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right of the motor vehicle, to accurately manipulate the operation of the motor vehicle, and to safely drive the motor vehicle and prevent the accident from occurring.

Nevertheless, the Defendant neglected to do so under the influence of alcohol and neglected to do so, while proceeding in accordance with the above national highways, left the tea and received concrete retaining wall at the right edge of the road in the direction of the Defendant’s proceeding as the front part of the Defendant’s vehicle.

As above, the Defendant suffered injury to the victim C (the age of 39) who was on board the Defendant’s car by negligence in the course of performing his duties so that it is difficult to drive the car normally due to influence of drinking, such as damage of the room where there is no open room for treatment for about 4 weeks.

[2] On August 22, 2016, the Defendant runs from the front of an assistance apartment in 40-11, a resignation-ro 40-3, a retirement-based resignation, around 08:40 on August 2, 2016.