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(영문) 춘천지방법원 원주지원 2016.12.20 2016고단1096
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

[criminal power] The defendant is a person who had a record of driving under the influence of alcohol at least twice in the original state branch of the Chuncheon District Court on January 23, 2007 by receiving a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (driving) and a summary order of KRW 4 million for the same crime in the same court on October 14, 2016.

【Criminal Facts】

1. Around 06:20 on September 9, 2016, the Defendant driven a Kanbon vehicle under the influence of alcohol content of about 0.11% at the section of about 10k alcohol content from the Defendant’s house located in the Won-si B to the front road of the Dju station located in the same city C.

2. The defendant is a person engaged in driving a motor vehicle in compliance with the Act on the Aggravated Punishment, etc. of Specific Crimes.

On September 9, 2016, the Defendant driven the above vehicle at around 05:47, and driven the two-lane road of the Driju City, in front of the Driju City, in the front of the Driju City, along two-lanes from the right side to the door.

At the time, the suspect was behind the victim F (the age of 62) driving ahead of the same direction, and therefore, the person engaged in driving service had a duty of care to secure and proceed with the safety distance to avoid when the vehicle stops.

Nevertheless, the Defendant neglected this, while driving a vehicle in close vicinity by negligence, received the front part of the front part of the Defendant’s vehicle, which was parked in order to change the lane from the front part of the vehicle. The Defendant left the left part of the H 4.5 tons truck which was parked in front of the vehicle while being pushed down in front of the vehicle, and got the front part of the vehicle into the right part of the H 4.5 tons truck.

Ultimately, the defendant is in a situation where normal driving is difficult due to the influence of drinking, and the defendant needs to drive the car and treat the victim for about two weeks.

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