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(영문) 서울서부지방법원 2016.08.18 2016고단1763

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a vehicle BM520 V, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury prior to the risk).

On April 9, 2016, the Defendant driven the said car under the influence of alcohol content of 0.188% during blood transfusions, and proceeded at a speed that is impossible to know the three-lanes of the four-lanes of the four-lanes in the direction of the direction of the Han River from the direction of the direction of the Han River in the direction of the direction of the Han River in Yongsan-gu Seoul, Yongsan-gu, Seoul.

At the same time, the defendant was at night, and the location was a large number of vehicles, and the defendant was behind the D low-speed car driven by the victim C (62 tax) in the same direction, so in such a case, the driver had a duty of care to secure and keep a safe distance from the front and a sufficient safety distance and to prevent the accident.

Nevertheless, under the influence of alcohol, the Defendant was negligent in not operating the brakes properly, and the Defendant received the top part of the vehicle in front of the vehicle driven by the Defendant, and received the top part of the vehicle in front of the vehicle in which the Defendant was driving, and thereby suffered injury, such as salt, tension, etc. for about three weeks in need of medical treatment.

As a result, the Defendant was driving the said car in a situation where normal driving is difficult due to the influence of drinking, thereby causing the injury to the damaged person.

2. Around April 21, 2016, the Defendant violated the Road Traffic Act (divated driving) driven a BM520-V car under the influence of alcohol content 0.188% at the 20km from the parking lot of the high flag with which it is impossible to identify the Hanwon-dong, Gangnam-gu Seoul Metropolitan Government from April 21, 2016 to the 22:10 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Statement on the circumstances of the driver at home, report on the detection of the driver at home, and appraisal report on alcohol in the blood;

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

1. Criminal facts;