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(영문) 춘천지방법원 강릉지원 2019.03.20 2019고단42
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

1. Defendant A shall be punished by imprisonment with prison labor for one year and six months;

Provided, That the above punishment shall have been imposed for three years from the date this judgment became final.

Reasons

Punishment of the crime

[criminal power] On November 4, 2016, Defendant A was sentenced to a fine of KRW 4,50,000 as a crime of violation of the Road Traffic Act (driving) at the Youngcheon District Court’s Young Branch on November 4, 2016, and a fine of KRW 6,00,000 as a crime of violation of the Road Traffic Act (driving) and a crime of violation of the Road Traffic Act (Driving without a license) at the Gangwon District Court’s Gangseo Branch on October 24, 2018.

【Criminal Facts】

1. Defendant A is a person who is engaged in driving of Cone Star A. A. A. A.

As above, the Defendant violated Article 44(1) of the Road Traffic Act and the Road Traffic Act (driving without a license) at least twice. On November 4, 2018, the Defendant, without obtaining a driver’s license on the vehicle driving at least 1:30 on November 4, 2018, driving the said van in the section amounting to approximately 790 meters from the road near the new Triri-gu, Do-Eup, Do-Eup to the road near the Taeri-ri, Do-ri, Do-ri, Do-Eup, the Do-Eup, the Do-Eup, the Do-Eup, the Do-ri level

B. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving), occupational car fall, and violation of the Road Traffic Act, the Defendant driving the said van as described in the above 1-A, and driving the said van along one lane in the direction of the erode in the direction of the erode from the eroriside of the new erodo-Eup, Do-do.

Since there is a road bended by the center line of yellow solid lines with a strong rain, a person engaged in driving of a motor vehicle is obliged to take the front line and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the operation of the motor vehicle safely according to the vehicle line without the influence of alcohol.

Nevertheless, the Defendant is unable to drive under normal conditions, such as drinking and smelling at a 0.217% of the blood alcohol concentration, with snow being fluent, in a profound, walked, walking, and the state of speech is unclear, and it does not reduce the speed on the road bended by the Defendant while driving under the influence of normal operation, such as drinking and smelling at a 1m away.

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