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(영문) 춘천지방법원 강릉지원 2016.05.20 2016고단154
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. On November 29, 2006, the Defendant issued a summary order of a fine of three million won for a crime of violating the Road Traffic Act at the early branch of the Chuncheon District Court, and on April 10, 2007, the above court was sentenced to imprisonment for a violation of the Road Traffic Act (drinking driving), etc. on at least two occasions on the part of a person who has been in violation of Article 44(1) of the Road Traffic Act, such as being sentenced to imprisonment for a violation of the Road Traffic Act (drinking driving) on at least eight months. On February 10, 2016, the Defendant driving a Pool vehicle at approximately two kilometers in the section from the front of the Gangseo-si Medical Center located in the Gangnam-si, Gangnam-si, Seoul District Court to the front of the “D” road located in the Gangseo-si, Gangnam-si, Seoul Special Metropolitan City.

2. On February 10, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) was a person engaged in driving of the cargo vehicles as stated in the foregoing paragraph 1. On February 10, 2016, the Defendant driven the above cargo vehicles at around 00:15, and proceeded with the intersection of the front distance of the “D” located in Gangnam-si C, and proceeded with the e-mail at the right angle.

In this case, the driver of the vehicle has a duty of care to safely drive the vehicle so that it does not conflict with other vehicles by reducing the speed and properly operating the steering system and operating the steering system of the vehicle.

Nevertheless, as stated in the above 1. paragraph, the defendant was negligent in not operating the brakes properly without properly examining the cambling while under the influence of alcohol content of 0.149% in blood, and due to negligence, the part of the front part of the cargo vehicle operated by the defendant, which was driven by the defendant, which was driven by the victim FF (W, 36 years old) who was under a diving stop due to signal transmission in the front section of the freight vehicle operated by the defendant, and received the back part of the GLK 220 car.

As above, the defendant driving the above cargo in a situation where normal driving is difficult due to influence of drinking, and the above victim is treated for about two weeks.

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