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(영문) 춘천지방법원 강릉지원 2014.06.24 2014고단376
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

except that 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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a CFD car.

On March 22, 2014, while under the influence of alcohol on March 23:50, the Defendant driven the said car (recognition refusal) and operated a two-lane road in front of the comprehensive playground in the Yancheon-dong, Seocheon-gu, Gangwon-do, Gangwon-do, along a three-lane radius from the grost distance.

At the same time, there was a vehicle in the atmosphere of the signal signal at the intersection of the private distance where the signal, etc. is operated, so in such a case, the person engaged in driving service has a duty of care to prevent the accidents from occurring due to the following: (a) the person engaged in driving service was well aware of the front and rear left, and accurately manipulating the steering and brake system; and (b) the person engaged

Nevertheless, the Defendant was under the influence of drinking, following the E-si driven by the victim D (the age of 55) who was parked due to the change of the signal to the vehicle stop signal while normal driving is difficult due to the influence of drinking, and was under the front part of the car driven by the Defendant.

Ultimately, the Defendant suffered from the injury of the victim F (the age of 27) who was on the victim D and the back seat of the taxi due to the foregoing occupational negligence, such as the climatic salt, tension, etc. for about two weeks in need of medical treatment.

2. Violation of the Road Traffic Act (refluence of the noise measurement) by the Defendant: (a) around 23:50 on March 22, 2014, while driving a motor vehicle with CFD in the front of the sports complex in the valley of the East Sea while drinking it; (b) while driving a motor vehicle with CFD, the Defendant was under the influence of alcohol due to reasonable grounds to recognize that the Defendant driven the motor vehicle while driving the motor vehicle at the front of the sports complex in the valley of the East Sea; (c) while driving the motor vehicle with CFD on the front of the sports site, he/she was in the influence of alcohol, he/she was under the influence of alcohol, such as influoring, in an inaccurate and face of the Defendant’s beam; and (d) he/she was under the influence of alcohol, and (d) from around 0:23 to around 00:53, 200.

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