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(영문) 춘천지방법원 2013.08.12 2013고단459
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

[criminal power] The defendant was notified of a summary order of KRW 1 million on September 18, 2006 at the Chuncheon District Court for the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents and the Road Traffic Act (driving). (2) On December 22, 2011, the defendant was sentenced to a fine of KRW 2 million for the violation of the Road Traffic Act (unnecessary Measures after Accidents) and the violation of the Road Traffic Act.

【Criminal Facts】

The Defendant is a person who has been engaged in driving of C New Franchisa car.

On June 6, 2013, at around 14:30, the Defendant, while under the influence of alcohol by 0.129% without a driver’s license, was driving the said vehicle and driving the said vehicle in the direction of “Graweing consulting” on the side of “Graweing square” depending on two-lanes in front of the “Graweing consulting” in Chuncheon City, along with two-lanes in front of the “Graweing”. At the same time, the Defendant was snicking in the entrance and breathing, and was in a state of normal physical manipulation and accident to the extent that it is impossible to properly verify whether there is a vehicle that is under the influence of alcohol at the front direction of under the influence of alcohol.

Nevertheless, under the above circumstances, the Defendant was driving the said car in two-lanes along the driving direction of the victim D(the age of 45) and driving the said car, and received the back part of the E-line for one ton of the cargo from the victim D(the age of 45) to the right-hand part of the said car.

As a result, the Defendant was unable to drive a motor vehicle under the influence of alcohol more than two times but failed to drive the motor vehicle without a driver’s license, and the Defendant was negligent in neglecting the duty of an automobile driver to drive the motor vehicle under the influence of normal operation, thereby resulting in the Defendant’s injury such as a climatic salt, etc. which requires approximately two weeks of medical treatment, and suffered injury to the victim F (F, 47 years of age) who was on board the said cargo for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A report on whether to drive any dangerous motor vehicle;

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