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(영문) 춘천지방법원 강릉지원 2017.07.14 2017고단336
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 29, 2008, the Defendant violated the Road Traffic Act (drinking) is a person who has been sentenced to a fine of KRW 500,000 to a fine of KRW 1 million for the same offense in the same court on October 6, 2008, and a fine of KRW 1.5 million for the same offense in the same court on July 4, 201, and a person who has been sentenced to a fine of KRW 1.5 million for the same offense in the same court on July 4, 201.

Although the Defendant had been punished twice or more due to a violation of the Road Traffic Act (drinking) as above, the Defendant driven CSP car in the state of alcohol concentration of approximately 2 km from around March 5, 2017 to about 0.15% in the direction of the 2km-si residential site located in the direction of Gangseo-si and from the front of the main place to the new terminal in the direction of Gangseo-si.

2. The Defendant is a person who drives C SP car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk).

On March 5, 2017, the Defendant: (a) 00:35 around 00:35, with the influence of drinking as indicated in the above 1. Paragraph, the Defendant 1., while driving the said vehicle under the circumstances where it is difficult to drive the vehicle normally, such as snow ties, and he driven the said vehicle on the road near the new terminal as indicated in the above 1., led to the flow of the said vehicle at a sloping speed from the opening of the bus terminal near the new terminal.

At the same time, ECo driven by the victim D(40) in the front direction of the defendant's proceeding had a duty of care to thoroughly set the front direction and accurately operate the steering and steering system for the driver of the vehicle.

Nevertheless, Defendant 1 neglected to do so under the influence of alcohol and caused the back part of the damaged vehicle to the front part of the Defendant vehicle by negligence.

Defendant D, who is the driver of the victimized vehicle due to such occupational negligence, provides approximately three weeks of medical treatment to the victim D.

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