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(영문) 춘천지방법원 강릉지원 2017.12.20 2017고단987
특정범죄가중처벌등에관한법률위반(위험운전치상)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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of Cone Star Co., Ltd.

1. On July 23, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) driven the above marcing vehicle with a alcohol concentration of 0.167% at around 16:30, while under the influence of alcohol, and led the Defendant to drive the above marcing vehicle in the direction of 1085, which is located at the coast of Gangseocheon-si, Seocheon-si, the coast of the marc.

There are three-distance crossings without any signal, where the passage of vehicles is frequent, so the person engaged in driving service has a duty of care to reduce speed and drive safely by checking well the right and the right and the right.

Nevertheless, the Defendant neglected this and received the back part of the victim D(W, 57 years old) E-M-car in the direction of the Defendant’s driving vehicle due to the negligence that the Defendant was stopping at the front of the driving vehicle due to the influence of drinking, such as the crypted, red, small, and inaccurate weather, while under the influence of alcohol, while making it difficult to drive the vehicle normally due to the influence of drinking.

Ultimately, the Defendant suffered, from the above occupational negligence, the Defendant suffered from the injury to the victim D, such as scambling, scambling, etc. of the wall, and the victim F (V, 25 years old), who is the passenger of the victimized vehicle, about two weeks of light cambling, tension, etc.

2. On July 23, 2017, the Defendant: (a) driven a Cone Star Co., Ltd. under the influence of alcohol with approximately 500 meters alcohol level 0.167% at the section of around 500 meters, from the front of the water conference center located in Gangnam-si, Jincheon-si, Jincheon-do to the coast of Gangnam-si, Gangwon-si, the coast; and (b) the Defendant driven a Cone Star Co., Ltd. under the influence of alcohol level 0.167% in blood.

3. No person who violates the Guarantee of Automobile Compensation Insurance shall operate any motor vehicle which is not covered by mandatory insurance;

Nevertheless, the defendant set forth in Paragraph 2.

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