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(영문) 춘천지방법원 강릉지원 2016.04.08 2016고단96
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On November 22, 2006, the Defendant was sentenced to a fine of KRW 2 million due to a violation of road traffic laws at the Gangnam Branch of the Chuncheon District Court on November 22, 2006, and was sentenced to a fine of KRW 5 million due to a violation of road traffic laws (driving) at the same support on December 5, 2007.

[Criminal Facts]

1. On January 17, 2016, the Defendant, in violation of the Road Traffic Act (breathing), driven a Cpoter vehicle under the influence of alcohol more than 0.198%, from around 500 meters in a section of around 02:5 on the road in the direction of Gangseo-si, Gangwon-si, to the road in front of the same city, to the river in the same city, and re-driving a motor vehicle under the influence of alcohol more than twice.

2. Around January 16, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) driven a C Poter freight vehicle under the influence of alcohol as stated in the foregoing 1. Around 02:5 on January 16, 2016, the Defendant driven a three-lane road in front of the 377 Gangnam-si Police Station at the seat of the Gu terminal, along the two-lanes of the road in front of the 377 Gangnam-si Police Station at the seat of the Gu terminal.

At that time, inasmuch as the E SP car driven by the victim D (24) on the same lane as the vehicle of the defendant was stopped in accordance with the new subparagraph, the driver of the vehicle had a duty of care to look at the traffic situation of the front side and to prevent the accident in advance by driving safely.

Nevertheless, the Defendant neglected to drive under the influence of such drinking as above and proceeded as is, due to the negligence of the Defendant’s driving, and received the victim’s back part of the passenger vehicle as the front part of the passenger vehicle driven by the Defendant.

Defendant 1 suffered, by such occupational negligence, an injury to the victim D, such as light salt, which requires approximately three weeks of medical treatment, and an injury to the victim F (F, 24 years of age) who was on board the victim’s car, such as catum salt, tension, etc. requiring approximately two weeks of medical treatment.

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