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(영문) 춘천지방법원 영월지원 2017.11.28 2017고단454
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 9, 2017, the Defendant driving a Bracing vehicle under the influence of alcohol level of about 0.051% while under the influence of alcohol level of 0.051%, without obtaining a driver’s license, in a section of about 17km around the national highway near the Jin Chang-gun of Gangwon-gu, Gangwon-do, from the front side of the “honing industry company” located in the Jin Chang-gun, Jinwon-gun, Jin Chang-gun, Gangwon-do, to the national highway 6.

2. The Defendant is a person who is engaged in driving a Ray on the part of the Defendant in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (or the injury) and the violation of the Road Traffic Act (or the injury).

On September 16, 2017, the Defendant, as indicated in paragraph 1 of around 26, 2017, was under the influence of alcohol without obtaining a driver's license, led to two-lanes of the national highways of No. 6 adjacent to the Gangseo-gun C Housing in parallel with the surface of the Jinwon-gun at a ethic speed from the surface of the Jinwon-gun.

It is a road where the width is narrow from two lanes to one lane due to road construction. Since the victim D (49) driveed by this victim D(S) is driving ahead of the above ray, there was a duty of care for a person engaged in driving of a motor vehicle to live well, maintain the safety distance, safely operate the steering and operation system.

Nevertheless, the Defendant neglected to drive a vehicle without a driver's license and found it late to enter the road connected to the right from the lane where the width of the vehicle is narrow, and received the right side of the said vehicle in front of the left side of the vehicle by the rash.

Ultimately, the defendant suffered injury to the above victim, such as salt, tensions, etc., in need of treatment for about two weeks, and is a passenger of the above-mentioned low-speed car.

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