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(영문) 서울남부지방법원 2018.08.28 2018고단3391

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for six 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 May 19, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) was drunk on May 19, 2018, and was unable to drive normally due to its influence while driving a motor vehicle of 0.155% of alcohol level among blood transfusions, and was stopped for the atmosphere at the first lane between the three-lane crossing of Geumcheon-gu Seoul Metropolitan Government, and was stopped for the signal at the second lane of the two-lane crossing, but started from the bank trees shooting distance.

Since the place is where the center line of yellow solid lines is installed, in such cases, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle by keeping the front line and the left and left well, and by keeping the center line safely.

Nevertheless, the Defendant neglected this and went to turn to the left on the opposite lane due to negligence at the center line, and received the front part of the E-learning Motor Vehicle in front of the E-learning Motor Vehicle, which is driven by the victim D (55 ) in front, in order to turn to the left at the opposite lane.

Ultimately, the Defendant suffered injury to the victim, such as knee and knee-knee-kne-kne-kne-kne-kne-kne-kne-kne-kne.

2. On February 5, 2010, the Defendant was issued a summary order that imposes a fine of 1.5 million won on a fine due to a violation of the Road Traffic Act in the support of the Sugwon Friwon Friwon for the violation of the Road Traffic Act, and on April 29, 2010, the Defendant was sentenced to a fine of five million won or more due to a violation of the Road Traffic Act, such as a violation of the Road Traffic Act (driving) at the Seoul Central District Court on April 29, 2010, and was punished on two or more occasions due to drinking.

Nevertheless, at the time of the day set forth in paragraph 1, the Defendant driven a motor vehicle with the alcohol level of about 0.155% in blood at approximately 5km from the street in front to the place of the accident described in paragraph 1 in the Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City (hereinafter referred to as the “Seoul Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City

Summary of Evidence

1. Statement by the defendant in court;

1. The occurrence of the D traffic accident.