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(영문) 서울남부지방법원 2016.07.21 2016고단2166

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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A defendant shall be punished by imprisonment for not less than eight 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. Around April 15, 2016, the Defendant violated the Road Traffic Act (drinking driving) driven a Crocketing car with approximately KRW 1 k-m alcohol concentration of 0.214% during blood while under the influence of alcohol, from the Hamat City road located in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, Seoul to the front road of the same Gu.

2. The Defendant is a person who is engaged in driving a Crocketing motor vehicle.

On April 15, 2016, the Defendant, while under the influence of alcohol level of 0.214% from blood alcohol level around 23:05 on Apr. 15, 2016, had the front road of Yeongdeungpo-gu Seoul Metropolitan City along the two-lanes from the private-distance bank of the highway in the light of the border.

At night and in the next lane, the driver has a duty of care to accurately operate the steering gear and to safely change the steering gear to prevent the occurrence of the accident. In such a case, the driver has a duty of care to prevent the occurrence of the accident.

Nevertheless, the Defendant, as seen above, did not neglect his duty of care in the state of being unable to drive normally due to the difficulty of driving as a matter of course, and the Eco-operation of the victim D(33 ) who was driving a one lane due to the negligence of changing the vehicle into the first lane, also conflict with the right part of the sports vehicle into the front part of the left part of the Defendant’s car.

Ultimately, the Defendant, as seen above, driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim D, such as salt, tensions, etc., which requires the victim D’s treatment for about three weeks, and the victim F(32 years), such as dump dump, tensions, and tensions, which require the victim F’s treatment for about three weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to each written statement, each written diagnosis, written estimate, and a statement on the situation of the driver in charge;

1. The Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime as provided in the corresponding Article of the Act.