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(영문) 춘천지방법원 속초지원 2014.07.23 2014고단89
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

[criminal power] On April 18, 2012, the Defendant was sentenced to a summary order of KRW 4 million due to a violation of the Road Traffic Act (driving) in the Seocho District Court’s early branch on April 18, 2012, a summary order of KRW 2.5 million due to a violation of the Road Traffic Act (driving) in the same court on October 1, 2008, and a person who was sentenced to a summary order of KRW 500,000 to a fine for the same crime on June 28, 2004 by the same court on June 28, 2004.

【Criminal Facts】

1. 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 a C driver car;

On March 13, 2014, the Defendant, without obtaining a driver's license at around 13:55 on March 13, 2014, while under the influence of alcohol of 0.184% of the blood alcohol concentration, was driving the said vehicle at the speed of about 20km in the speed of 10km in front of Samsung Egrgor apartment, which is located as the office of the Sincho City/Gu Office at the early early.

In such cases, the driver has a duty of care to prevent accidents in advance by safely operating the person engaged in driving service with a duty of care to live well in the front, rear, and left and right.

Nevertheless, due to negligence of neglecting this, the part on the loading of the E-Poter cargo loaded in the victim D (Nam, 50 years old) who was standing in the traffic signal atmosphere from the front side of the road due to the negligence of neglecting it and driving it, was taken into account as the part on the front part of the driver in front of the passenger car above the Defendant driving.

Ultimately, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to the above influence of drinking, and suffered injury to the victim, such as the need for medical treatment for about two weeks.

2. The Defendant violates the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) on two occasions, and on March 13, 2014, the same day from the front day of the same day at the same time as the luminous death in front of that which is located in the Soncho-si, Suyang-si, at the early 13:50 on March 13, 2014.

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