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(영문) 춘천지방법원 강릉지원 2016.01.27 2015고단1348
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On May 30, 2008, the defendant was issued a summary order of KRW 1.5 million by the court of the same court on December 17, 2009 due to a crime of violation of road traffic law at the Gangseo branch court of the Chuncheon District Court, and a fine of KRW 2 million by the same court.

[Criminal facts]

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) is a person engaged in driving Brando XG cars.

On November 15, 2015, the Defendant driven the said vehicle under the influence of alcohol 0.165% while under the influence of alcohol while under the influence of alcohol at around 22:00, and led to the running of the said vehicle at a speed of influence at a speed of time in accordance with the speed of speed, depending on the one-lane to the intersection in front of the 96 small network church at Gangseo-si General Sports Complex, Gangwon-si.

At the same time, there are near the intersection and the preceding vehicle, and in such cases, there was a duty of care to operate the preceding vehicle by driving the vehicle, maintaining the safety distance, and accurately manipulating the steering system, etc., such as reducing the speed in advance.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol and was under the influence of the Defendant to wait for the signal at the same time, and was under the influence of the victim C(31 ) who was under the influence of stopping, and then was under the influence of the Defendant’s driver’s vehicle, and the part of the Defendant was under the influence of the driver’s vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of medical treatment due to occupational negligence.

2. The Defendant violated the Road Traffic Act (drinking driving) driven a B-low XG car at the section of about 2 km from the bottom to the intersection of about 96 in the same city sports complex, while under the influence of alcohol level of 0.165% among the blood transfusions at the time specified in paragraph (1).

Summary of Evidence

1. The defendant's person;

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