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(영문) 춘천지방법원 원주지원 2014.09.16 2014고단650
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

1. Around 12:55 on June 21, 2014, the Defendant driven B rocketing car under the influence of alcohol with approximately 0.104% of the blood alcohol concentration without obtaining a driver’s license from the section of about 5km to the front of the road in the same phase from the mutual influoral 1-dong at Won-si, Seoul Metropolitan City to the front of the road.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaged in driving B rocketing and other automobiles;

On June 21, 2014, the Defendant, at around 12:55, 2014, she sniffed alcohol in a drunken state, sniffed, breathed, breathed, and failed to walk properly and was unable to drive normally due to the influence of drinking, such as drinking, but the driving of the said vehicle was difficult, but the driving distance of the driving without the driving level at the original city level was driven at an insular speed two-lanes between the four-lanes of the sports area at the shooting distance of the general office building.

At this point, there is an intersection where signal lights are installed and there is a center line of yellow solid lines, so there was a duty of care to protect the person engaged in driving of the motor vehicle and prevent accidents by safely driving the signal and the car line in advance.

Nevertheless, the Defendant neglected to do so and reported that the electric-time signal changed to red from yellow to black, and caused the said rocketing and other vehicles to break to port, and obstructed the central line on the right side. In order to turn to the left from the shooting distance protection of the Madles, the Defendant shocked the back part of the victim C(59 years old) driving of the said Mad K5 car, which was stopped on the one-lane of the said Madles to turn to the left at the front part of the said Madles.

Ultimately, the Defendant committed the above occupational negligence.

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