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(영문) 춘천지방법원 원주지원 2016.05.31 2016고단329
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【The Defendant was issued a summary order of KRW 1.5 million on October 1, 2004 to a fine of KRW 1.5 million on the ground of a violation of the Road Traffic Act in the original Chuncheon District Court’s main branch on the ground of a violation of the Road Traffic Act; on December 24, 2004, the same court issued a summary order of KRW 2 million on the same crime; on August 31, 2005, the same court was sentenced to a suspended sentence of KRW 2 million on June 12, 2009 for the same crime; on June 12, 2009, the Defendant was issued a summary order of KRW 1 million on the ground of the same crime in the capital support of Suwon District Court’s original branch on February 3, 2015 to a fine of KRW 5 million on the same crime; and on May 28, 2015, the court issued a summary order of KRW 2 million on the ground of a violation of the Road Driving Act (hereinafter referred to as a fine of KRW 2 million).

【Criminal facts】 The Defendant is a person who is engaged in driving a motor vehicle with a high-priced motor vehicle.

On January 15, 2016, the Defendant driven a motor vehicle with alcohol level of 0.114% while under the influence of alcohol level around 18:50 on January 15, 2016 without obtaining a driver's license, and driven the said motor vehicle in front of G tri-distance in F at the prime city of nuclear power into the Cheong water market at the full tide level, and made the left-hand turn to the left-hand turn at the G level when it comes to the above tri-distance.

Defendant 1 neglected to perform the duty of front and right-hand driving in a situation where normal driving is difficult due to the above influence of drinking, and failed to accurately operate the steering direction and operation system, which led to the left-hand turn by negligence, and led the victim H (62 h) who proceeded with the above road in accordance with the new subparagraph on the front part of the front part of the vehicle of Defendant 1, which was driven by the victim H (62 h) with the front part of the front part of the front part of the vehicle of Defendant 2.

As a result, the defendant suffered from the injury of the escape wall that requires approximately eight weeks of medical treatment, and even if he/she was punished for the crime of violating the Road Traffic Act at least twice, he/she did not obtain a driver's license on the road under the influence of re-driving.

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