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(영문) 서울서부지방법원 2016.04.08 2016고단448

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for not more than ten 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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or injury caused before the risk) is a person who is engaged in driving a motor vehicle B with the highest other car.

On November 20, 2015, around 17:34, the Defendant driven the said vehicle under the influence of alcohol level of 0.188% in blood, with a high-speed road of the newnam-si, Yongsan-gu, Seoul Metropolitan City, which is located in 80-8, at a level of 0.18% in alcohol level in blood, and proceeds at a speed of about 40 km per hour in accordance with the two-lanes of speed from the surface of the Sungnam Park, along the east-dong side of the Dong-do.

In this case, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle by making it possible for the driver of the motor vehicle to live well on the front side and the left side.

Nevertheless, when the defendant neglected to perform his duty on the right side and the right side by negligence while neglecting so, he was driven by the victim C (61) who was driven on the right side of the bicycle operated by the defendant, and continued to drive a car by the victim D(31 cm) who was driven by the defendant in accordance with the new subparagraph at approximately 48.2 meters away from the front side of the car he driven by the defendant, and the part behind the Echip car stopped by the victim D(31 cm) which was driven by the defendant in accordance with the new subparagraph was turned into the front part of the car he driven by the defendant, and the car continued to be pushed by the victim F(59 years old) which was driven by the victim F(59 years old).

As a result, the Defendant suffered, by negligence in the above business, the injury to the pertinent C, such as scambling, which requires approximately four weeks of medical treatment due to the influence of alcohol, such as scams and tensions that require approximately two weeks of medical treatment, and the injury to the scams, tensions, tensions, etc. requiring approximately two weeks of medical treatment to the said D.

2. The Defendant, who violated the Traffic Act on Roads, is in Seoul at the time specified in paragraph (1).