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(영문) 서울중앙지방법원 2016.10.19 2016고단5862

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for not less than eight 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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is engaged in driving BM3 automobiles.

On July 13, 2016, at around 23:44, the Defendant driven the said car while under the influence of alcohol of 0.197%, and led the front road of the Gwanak-gu in Seoul Special Metropolitan City, the front road of the 10-lane of the Seoul Special Metropolitan City to the non-speed of the public parking lot.

At the time, since it is night and a narrow street is a narrow side, a person engaged in driving of a motor vehicle has a duty of care to prevent traffic accidents by accurately manipulating the front and rear left, and operating the steering gear and brake system.

Nevertheless, the Defendant neglected this and neglected to drive a vehicle while neglecting the front-time situation as above. The Defendant received the victim C’s right gate of the victim who was walking in the same direction as the suspect’s ongoing movement from the front part of the driver’s left side of the said vehicle, and caused the victim to suffer injury, such as a cageus flick, a right side signboard escape box, etc., which requires approximately six weeks of medical treatment.

Accordingly, the defendant was driving a motor vehicle in a state where normal driving is difficult due to influence of drinking or drugs, thereby causing the injury of people.

2. On July 13, 2016, the Defendant driving a BM3 vehicle under the influence of alcohol with a blood alcohol content of 0.197% from the 3km section of approximately 3 km from the trimox parking lot located in the Gwanak-gu Seoul Special Metropolitan City, Seoul to the roads of about 10-gil 18 of the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. An actual survey report and a report on the occurrence of a traffic accident;

1. A report on detection of a drinking driver and a place of drinking measurement;

1. The circumstantial statement of the employee;

1. A report on investigation;

1. Application of Acts and subordinate statutes of a medical certificate;

1. The injury resulting from dangerous driving under Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime concerned;