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(영문) 춘천지방법원 영월지원 2013.10.25 2013고단317
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

Reasons

Punishment of the crime

On June 18, 2010, the Defendant was sentenced to a fine of 5 million won for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury resulting from Dangerous Driving) and the violation of the Road Traffic Act in the Chuncheon District Court's original support on June 18, 2010. On April 19, 2013, the Defendant was sentenced to a suspended sentence of 6 months for the crime of violation of the Road Traffic Act (Dangerous Driving) in the Chuncheon District Court's senior support on April 27, 2013.

1. Around 00:40 on June 28, 2013, the Defendant operated a C Sti-type car under the influence of alcohol 0.162% of alcohol alcohol concentration without obtaining a driver’s license, from the front day of the main place of the store of a soft warehouse located in the Seocheon-gun, Seocheon-gun, Gangwon-do to the road at a place where approximately 90m of gold-marine oil station located in the same side of the 4km to the road at a place where it is short of 90m of blood alcohol content.

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 car in C Spo-type

At around 00:40 on June 28, 2013, the Defendant driven the said car while under the influence of alcohol and continued to drive the road at a point not exceeding approximately 90 meters of the gold-marine oil station in the Geumcheon-gun, Seocheon-gun, Gangwon-do.

The location is the hond road of the hondro, and at the time the hond road was honded, so the driver had a duty of care to reduce the speed and prevent the accident by driving the car with the driver's duty of care.

Nevertheless, the Defendant, as stated in paragraph (1), was negligent in driving without reducing the speed in a state where normal driving is difficult due to alcohol, left the car on the right-hand side of the road, received the road boundary seat with the front right-hand wheels, and continued to meet the road boundary seat and continued to meet the front-hand part of the road.

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