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(영문) 서울중앙지방법원 2016.06.15 2016고단2108

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for one year.

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

[criminal history] On October 31, 2005, the Defendant was issued a summary order of 700,000 won, which is sentenced to a fine for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on April 27, 2007. On April 27, 2007, the Seoul East District Court issued a summary order of 2 million won, which is sentenced to a fine for a violation of the Road Traffic Act (driving). On April 5, 2013, the Defendant was issued a summary order of 3 million won, which is sentenced to a fine for a violation of the Road Traffic Act (driving) and a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

[Criminal facts]

1. On March 12, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) driven a BM7 car with alcohol concentration of 0.129% in blood without a driver’s license, and driven a BM7 car around 06:10 on March 12, 2016, along the road of 1-lane in the opening-dong, Gangnam-gu, Seoul Metropolitan City along the 81-lane of apartment complex, the road of 1-lane in the 81-lane in front of the 81-lane in the Gu-gu, the Gu-song-dong, the Gu-gu, the

Since there are many places of vehicle traffic, the defendant who drives a motor vehicle has a duty of care to drive the motor vehicle safely by keeping the operation of the front bank and the right side.

Nevertheless, due to the negligence that the Defendant neglected to drive under the influence of alcohol while normal driving is difficult due to the influence of alcohol, and caused the collision of the victim C(64 ) waiting in the same direction with the Defendant’s front driver of the Defendant’s vehicle following the DPoter car sent in the same direction three-lanes, and caused the collision with the Defendant’s front driver’s vehicle. As such, the said Dpoter car was pushed in the future, and the victim E (55 ) waiting in the same direction while driving the Fpoter car in the same direction three-lanes in the same direction.

Ultimately, the Defendant, due to the above occupational negligence, inflicted injury on the victim C, such as cages, tensions, etc. of cage cages, which require approximately two weeks of medical treatment, and inflicted injury on the victim G (29 Does) who is the same passenger of the quar vehicle, such as cage cages that require approximately two weeks of medical treatment, and the same.