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(영문) 서울중앙지방법원 2014.11.05 2014고단6755

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

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

However, 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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaged in driving a motor vehicle B with B Eff (YF);

On July 19, 2014, at around 06:15, the Defendant, while under the influence of alcohol in the blood alcohol concentration, had the front distance in front of the restaurant in Seocho-gu Seoul Metropolitan Government “Dcafeteria” located in Seocho-gu, Seoul, left left at a low speed as a new distribution.

In this case, the defendant engaged in driving of a motor vehicle had a duty of care to check the safety of the course by properly examining the right side and the left side prior to the left, and to accurately manipulate the steering and brakes so as to prevent the traffic accident.

Nevertheless, the Defendant did not make the horses clear, and did not walk properly, and was negligent in driving at the right-hand turn in the situation where normal driving is difficult due to influence of drinking, etc., and received the right-hand bridge of the victim E (the age 21) who walked in front of the above “D cafeteria” restaurant by negligence.

As a result, the Defendant suffered injury to the victim, such as knee knee knee knee knee knee knee knee knee kne.

2. On July 19, 2014, from around 07:09 to around 07:56, the Defendant was required to comply with the alcohol alcohol measurement by inserting the breathm measuring instrument four times in total from the slopeF belonging to the above police station, on the ground that there are reasonable grounds to recognize that the Defendant, who was entering the police station as a traffic accident in Seocho-gu, Seocho-gu, Seoul, by the traffic accident as stipulated in paragraph (1), was driven under the influence of alcohol, such as red, cross-roping, and irregular distance.

Nevertheless, the defendant's refusal to put the whole breath in a drinking measuring instrument and demands a police officer to take a drinking test without justifiable grounds.