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(영문) 서울중앙지방법원 2016.08.24 2016고단1245

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

On May 28, 2015, the Defendant issued a summary order of KRW 2 million at the Seoul Southern District Court as a crime of violating the Road Traffic Act at the Incheon District Court on May 28, 201, and on January 10, 201, the Seoul Southern District Court issued a summary order of KRW 2 million for the same crime and three times of the same kind.

On January 1, 2016, the Defendant, while under the influence of alcohol level of 0.154% during blood transfusion at around 22:40, the Defendant, as a business, driven the B-learning car, and led four-lanes in Seoul Special Metropolitan City, Nowon-gu Seoul Special Metropolitan City, prior to Seoul Special Metropolitan City C, to proceed to the direction of a scarcity in Seoul Special Metropolitan City.

In such cases, a driver of a motor vehicle has a duty of care to ensure that the driver of a motor vehicle is obliged to take the front side and left side well and accurately manipulate the steering and brakes so as to prevent accidents.

Nevertheless, the Defendant neglected to drive under normal conditions due to influence of drinking and proceeded as it is, due to negligence, while driving in the front line, and received the back part of the victim D(55 years) driving in the front line as part of the front line of the passenger car.

Ultimately, the Defendant suffered, by such occupational negligence, the injury to the victim D, such as light, scarcity, scarcity, etc., which requires approximately two weeks of treatment, injury to the victim F (V, 48 years of age) who is the passenger of the said taxi, such as salt, tension, etc. of the scar in the light that requires approximately two weeks of treatment, and injury to the victim G (V, 19 years of age) such as salt, tension, tension, etc. of the scar in the light that requires approximately two weeks of treatment to the victim G.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written statement of F and G;

1. A traffic accident report;

1. Statement of the circumstances of the driver involved in driving;

1. Each written diagnosis;

1. Previous conviction: Application of an inquiry letter, investigation report (Attachment to a summary order of the same kind of power) and Acts and subordinate statutes;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the corresponding provision of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 148-2 of the Road Traffic Act