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(영문) 춘천지방법원 강릉지원 2016.05.19 2016고단208
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

Reasons

Punishment of the crime

[criminal history] The defendant was sentenced to 8 months of imprisonment and 2 years of suspended execution due to a violation of road traffic law at the Gangnam Branch of the Chuncheon District Court on June 28, 2007, and on September 9, 2010, the above court sentenced 6 months of imprisonment and 2 years of suspended execution to the same crime, etc., and has violated Article 44(1) of the Road Traffic Act on more than two occasions.

[Criminal facts]

1. On February 11, 2016, the Defendant: (a) driven a ballon with alcohol content of about 100 meters from a section of approximately 100 meters from the roads in front of the central market of Gangnam-dong, Gangnam-si to the roads above the 328-8 Gangnam-si, Gangnam-si, Gangwon-do, to the above roads; (b) driven a ballon with a gallon with alcohol content of 0.106% under the influence of alcohol.

2. On February 11, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk), driving a van on the said paragraph (1) around 22:05, and driving the said road to the Military Manpower Administration via the jurisdiction of the Military Manpower Administration, which is located on the river of Gangseo-si, Gangwon-si.

At this point, it was a road installed on a bridge, and there was an intersection where signal lights are installed on the front side of the defendant's running direction, so in such a case, there was a duty of care to safely drive the steering gear and brake system of the vehicle by reducing speed and accurately manipulating the steering gear of the vehicle with proper operation.

Nevertheless, Defendant C (62 years old) was driven by the victim C (62 years old) who was in the signal waiting at the front section of the passenger knife of the passenger knife while under the influence of alcohol with a 0.106% alcohol content in the blood, and was negligent in not accurately operating the brakes without accurately operating the brakes.

D Ha-five-si’s back part was received.

After all, the defendant is driving the above van while it is difficult to drive the car normally due to the influence of drinking, and the victim E who was on board the above victim C and taxi.

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