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(영문) 창원지방법원 2018.01.18 2017고단1627
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

Reasons

Punishment of the crime

[criminal history] On February 12, 2015, the Defendant was sentenced to a fine of KRW 10 million in the same court on July 29, 2016 due to a crime of violation of road traffic law (drinking driving) in the Changwon District Court’s Tong-gu branch of the Changwon District Court.

[Criminal facts]

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or injury prior to the risk) is a person engaging in driving a motor vehicle with B character.

On January 28, 2017, at around 13:20, the Defendant proceeded with the central highway 6.3km road located on the Gyeong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si.

A person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and he/she has a duty of care to prevent accidents in advance by safely driving by checking the traffic conditions on the left and right right.

Nevertheless, the Defendant neglected this and neglected to drive a blood alcohol content of 0.169%, which was 0.169% under the influence of alcohol in a state where normal operation is difficult, and the part of the back of the DNA car driven by the Defendant C (41 tax) which was driven by the Defendant’s vehicle at the front section of the driver’s car was shocked by the Defendant’s front part.

Ultimately, the Defendant suffered from the injury of the victim C, the victim E (V, the 42 years old), and the victim F (V, the 12 years old), respectively, due to the occupational negligence as above, the Defendant suffered from the injury of the tensions, tensions, etc. in need of two weeks of treatment.

2. On January 28, 2017, the Defendant: (a) in violation of the Road Traffic Act (drinking) and violation of the Road Traffic Act (drinking without a license) driven a Category B motor vehicle under the influence of alcohol of about 0.169%, without obtaining a driver’s license, at the section of about 10km from the E-ray running along the outer-dong of Kimhae-si to the road front of 6.3km along the Central Highway located on the same city at the same time.

Summary of Evidence

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