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(영문) 춘천지방법원 강릉지원 2016.12.21 2015고단1417
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. No person who violates the Road Traffic Act and the Guarantee of Automobile Accident Compensation Act shall drive any motor vehicle under the influence of alcohol, or drive any motor vehicle on a road which has not been covered by the mandatory insurance;

Nevertheless, at around 18:20 on November 28, 2015, the Defendant was under the influence of alcohol by 0.146%, and the Defendant operated the instant B rocketing car not covered by mandatory insurance at approximately 500 meters from the entrance of the Seongbuk-dong in the Dong-dong in the Dong-dong in the Dong-dong in the East Sea to the roads front of the Dong-dong in the Dong-dong in the East Sea.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) and each of the Road Traffic Act is a driver of the B rocketing car.

On November 28, 2015, at around 18:20, the Defendant driven the said vehicle under the influence of alcohol, as described in the foregoing 1.1., and driven the said vehicle at a speed of about 50km from the north-dong to the west-dong of the East Sea, which is in front of the east-dong of the East Sea at the speed of about 10km.

At the time, the Defendant was under the influence of alcohol so as to see the state of speech and walking, and there was a vehicle standing in front of the Defendant’s running direction, so in such a case, the Defendant had a duty of care to safely drive the vehicle, such as taking the front side well, operating the steering wheel and brake system accurately, securing the safety distance, etc.

Nevertheless, the Defendant did not discover a e-car owned by the victim C (the 58-year-old) who stops in the signal atmosphere due to negligence while under the influence of alcohol, and did not discover any e-car owned by the victim D(the 57-year-old) and was driven by the victim C (the 58-year-old) at the front part of the Defendant’s vehicle and concealed the rear part of the said string vehicle into the front part of the above string vehicle, and the above string vehicle is pushed by the victim F (the 44-year-old vehicle) in front of the vehicle.

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