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(영문) 춘천지방법원 2013.10.22 2013고단755
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

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

【Criminal Power】 On August 14, 2008, the Defendant received a summary order of KRW 2.5 million from the Chuncheon District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 3 million to a fine for a violation of the Road Traffic Act at the Chuncheon District Court on November 10, 2009, respectively.

【Criminal Facts】

1. Around 14:30 on June 26, 2013, the Defendant driven a cschton car with approximately 8km from the road in front of the 12-13 (Fucheon-gun, Hongcheon-gun, Gangwon-do, to the front road of the natural school located in the 3053 Hongcheon-do, Hancheon-gun, Gangwon-do, while driving the cschton car under the influence of alcohol level of about 0.258%.

As a result, the Defendant violated not less than two times even though he was unable to drive a motor vehicle under the influence of alcohol, and again driven the said motor vehicle under the influence of alcohol as above.

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 motor vehicle for a Bosch Rexton.

On June 26, 2013, at around 14:30, the Defendant, while under the influence of alcohol, driven the said car in accordance with paragraph (1) and led the Defendant to proceed in writing at an irregular speed from the south side to the south side of a natural school, along with the one-lane road in front of a natural school located in 3053, Seocheon-gun, Hongcheon-do.

At the time, the Defendant was unable to properly handle the steering gear, etc. of a motor vehicle due to a state in which he could not engage in normal physical activities and accidents due to a drunken drinking.

Nevertheless, the Defendant, while under the influence of alcohol, was unable to properly operate the steering gear while driving the said car, and the part on the left-hand side of the victim D(29 years old) driving, which was caused by the negligence of the center line of the yellow-ray, was received as the part on the upper-hand side of the motor vehicle in front of the luxton car.

Ultimately, the Defendant is unable to drive normally due to the influence of drinking as above.

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