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(영문) 춘천지방법원 강릉지원 2016.12.08 2016고단1403
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 23, 2016, the Defendant driven a D-wing truck under the influence of alcohol leveling 0.130% from a section of about 500 meters from the 500-meter radius to the road near the Gangseo-si Hongdong to the “C” restaurant located in the same city B.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by D Driving) is a person engaged in driving cars and freight cars;

On September 23, 2016, at around 22:25, the Defendant, while under the influence of alcohol, driven the said cargo vehicle, and proceeded two lanes in front of the “C” restaurant in Gangnam-si B, Gangnam-si, along one-lane from the direction of the gular distance, at a speed of about 30 km from the direction of the gular road.

Since there are motor vehicles which are stopping according to their traffic volume and signals, there was a duty of care to safely operate the steering person by accurately operating the steering wheel and brake system.

Nevertheless, the Defendant, due to the influence of alcohol, was negligent in driving while driving a vehicle in a state where normal driving is difficult due to the Defendant’s negligence, and caused the part concerning the rear part of the victim E(the age of 45) drive FK5 si to the front part of the above cargo vehicle. Accordingly, the Defendant was able to receive the rear part of the victim G(the age of 58) driving that the front part of the said K5 si stopped in front.

Ultimately, the Defendant’s occupational negligence inflicted injury on the victim E, such as scam, tensions, etc. in need of approximately two weeks of medical treatment on the part of the above victim E, and inflicted injury on the victim I (the age of 46) who was aboard the said F taxi as a customer, such as divers, in need of medical treatment for about two weeks, and inflicted injury on the victim G, such as scams, tensions, and tensions, which require two weeks of medical treatment on the part of the above victim G, and the victim J(the age of 48) who was aboard the said H taxi as a customer.

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