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(영문) 서울북부지방법원 2015.09.03 2015고단1917

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

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

However, 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. The defendant is a person who is engaged in driving service of 125 Metoba in C125 cc.

On March 20, 2015, the Defendant, while under the influence of alcohol of 0.180% with blood alcohol concentration on March 20, 2015, driven the above Otoba as his duties, and led to the flow of the road of Seongbuk-gu Seoul, Seongbuk-ro, Seongbuk-gu, Seoul, into the face of the golf course of North Korea from the surface of the arms.

At the time, there are night roads, where there are one-lanes, and there are people and vehicles in the front section for the management of accidents of the preceding traffic accident. In such a case, there was a duty of care to prevent accidents by accurately operating the steering and steering gear in a clear spirit at all times.

Nevertheless, under the influence of alcohol, the Defendant neglected to drive the front-time in a situation where normal driving is difficult and failed to accurately operate the steering and steering gear, thereby causing the victim D(23 years old) and E(21 years old) on the road due to the preceding traffic accident, which was caused by the negligence of not operating the steering and steering gear accurately.

Ultimately, the Defendant driven an Ortoba in a state where normal driving is difficult due to the influence of drinking, and suffered injury to the victim D, such as an injury to the side side fluoral fluor, etc., in need of approximately 8 weeks of medical treatment, and an injury to the victim E, such as a fluoral fluoral fluor, etc., for about 6 weeks of medical treatment.

2. Around 01:05 on March 20, 2015, the Defendant driven C 125cc under the influence of alcohol content of 0.180% at a section of about 500 meters from the front of Yung-dong, Seongbuk-gu, Seoul to the place of accident as set forth in paragraph (1) of the Road Traffic Act.

Summary of Evidence

1. Defendant's legal statement;

1.The police of F. F.