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(영문) 춘천지방법원 원주지원 2015.07.01 2015고단377
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 16, 2009, the Defendant was issued a summary order of KRW 2.5 million for a fine of KRW 2.5 million for a violation of the Road Traffic Act at the original branch of the Chuncheon District Court, and on September 25, 2009, issued a summary order of KRW 3 million for a fine of KRW 2.5 million for a violation of the Road Traffic Act.

On April 28, 2015, at around 23:50, the Defendant again driven CM7 car while under the influence of alcohol 0.182%, from the 4km section to the 500m area of the dedicated road (sprinking direction) set up in front of the door-to-door box located in the Dog-si, Nowon-si, the Defendant, who violated the Road Traffic Act twice due to drinking, and again driven CM7 car while under the influence of alcohol 0.182%.

2. 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 CM7 car;

At around 23:50 on April 28, 2015, the Defendant was under the influence of alcohol, and the Defendant was in a state of difficulty in normal driving due to influence of alcohol, such as a string distance, but the Defendant was driving the said vehicle at a point of 50 meters from the 50-meter off of the gate-to-Eup off of the gate-to-Eup of the gate-to-on in the direction of the gate-to-on in the direction of the gate-to-on.

Since the place is the exclusive road of two-lanes in which the center of the road is divided into two-lanes according to the separation of the center, a person driving a motor vehicle has a duty of care to safely drive the motor vehicle by viewing the right and the right and the right along the vehicle line.

Nevertheless, the Defendant neglected this and operated a vehicle in excess of the central separation zone under the influence of alcohol as seen above, and thereby, was driven by the victim D(the age of 29) with Defendant’s vehicle, the front part of the E-3 vehicle driven by the Defendant’s vehicle was driven by the Defendant’s vehicle as the front part of the passenger vehicle.

Ultimately, the Defendant goes on a victim D and the above K3 car due to the above occupational negligence.

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