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(영문) 창원지방법원 2016.07.15 2016고단1398

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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A defendant shall be punished by imprisonment for six months.

The prosecution against the violation of the Road Traffic Act among the charges of this case is dismissed.

Reasons

Punishment of the crime

"2016 Highest 1398"

1. The Defendant is a person who is engaged in driving a small-scale car in accordance with the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk).

On November 7, 2015, the Defendant: (a) driven the said car while under the influence of alcohol concentration of 0.245% in front of the E convenience store located in the Gu, Changwon-si, Changwon-si on November 7, 2015, while driving the said car at a speed of 0.245% in blood, and was in a speed of about 20 km in the direction of the original elementary school in the direction of maart.

Since there is a place where traffic control is not supported, in such a case, the driver of a motor vehicle was forced to temporarily reduce or temporarily stop the speed to check whether the driver of a motor vehicle has a motor vehicle entering the intersection by living well at the right side and properly manipulating the brake system and prevent the accident in advance, and even though there was a duty of care to prevent the accident in advance, the defendant neglected to do so and failed to operate the brake system, and thereby, was led to the front part of the driving G of the victim F (27 years old) driving G of the victim F (F) who entered the intersection to the right side of the road at the left side of the running direction due to the negligence that failed to operate the brake properly.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury to the victim F and the victim H (the 22 years old), who is a passenger of the said car, due to the said car, due to the influence of drinking, for about 3 weeks, such as catum dump in need of medical treatment.

2. On September 29, 201, the Defendant was issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act (drinking) at a high-level district court's high-level support on September 29, 201, and was sentenced to a fine of KRW 4 million for the same crime at the Changwon District Court on November 5, 201.

On November 7, 2015, the Defendant: (a) around 00:01, the 15-ro 18-ro, Cheongwon-dong, Jinwon-si, Jinwon-si, Jinwon-dong, Jinwon-dong, Jinwon-dong, Ginwon-ro, 18-ro.