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(영문) 창원지방법원 2020.06.02 2020고단907
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for five years.

Reasons

Punishment of the crime

1. The defendant is a person who has been issued a summary order of KRW 5 million by the Changwon District Court on November 30, 2015 due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving) and the violation of the Road Traffic Act.

At around 13:20 on March 6, 2020, the Defendant driven a FF coo vehicle from the front of the C cafeteria located in the Seocho-gu, Changwon-si, Changwon-si, to the front of the E convenience store located in the Changwon-si, the Defendant driven a F coo vehicle under the influence of alcohol leveling to 0.105% of blood alcohol level from about 1km to the front of the E convenience store located in the Changwon-si.

Accordingly, the defendant violated the prohibition of drinking driving twice.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person who is engaged in driving a ccus car;

On March 6, 2020, at around 13:20, the Defendant, while under the influence of alcohol, proceeded with a two-lane road in front of the E convenience store located in Jinwon-si, Changwon-si, Jinwon-si, with one-lane distance from G apartment room to one-lane air condition, at a speed of about 42km.

Since it was a road on which a crosswalk is installed, the defendant driving a motor vehicle has a duty of care to temporarily stop in front of the crosswalk and safely drive the crosswalk in front of the crosswalk.

Nevertheless, the Defendant did not discover the victim H (the age of 58) who opened the crosswalk to the port from the right side of the said vehicle due to the negligence on the front side of the said vehicle due to the driver’s failure to drive the vehicle normally due to the influence of drinking, such as red, with a distance of vision and face. However, the Defendant did not discover the victim H (the age of 58) who opened the crosswalk from the right side of the said vehicle while driving the vehicle. The part of the victim’s left side was shocked by the front part of the said vehicle.

After all, the Defendant, by the above occupational negligence, caused the victim to suffer from the above occupational negligence on March 6, 2020, at Changwon-si, Changwon-si around 19:19.

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