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(영문) 서울중앙지방법원 2015.11.27 2015고단6599

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for six 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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaged in driving a C car;

On September 20, 2015, the Defendant was under the influence of 0.216% of blood alcohol concentration on September 20, 2015, and the Defendant was driving four-lane roads in front of Gwanak-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City D), along four-lanes in the direction of the long-distance distance from the surface of the bank at the entrance of the eth three streets.

In such a case, although a person engaged in driving of a motor vehicle has a duty of care to thoroughly treat the motor vehicle in Jeonju City and to proceed in accordance with the new code, due to the negligence that the signal was changed to the stop signal while it is difficult to drive the motor vehicle normally due to the influence of drinking, the driver did not avoid the fM5 vehicle volume of the victim E (the age of 63) entering the intersection in accordance with the new code from the right side of the proceeding direction to the left side and did not avoid the fM5 vehicle volume of the victim E (the age of 63) in the right side of the above damage vehicle, and caused the above victim's damage, such as salt, tension, etc. in the left side part requiring treatment for about two weeks, and the victim's Ha (the age of 65) suffered about two weeks on the left side kne part requiring treatment, and the victim's Ha (the age of 67) Ha (the age of Ha, the age of 67) in need of treatment for about two weeks.

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 October 20, 2015, a criminal suspect violating the Road Traffic Act ( sound driving) driven C Kanop vehicle while under the influence of alcohol of about 0.216% in a section of about 7km from the 7km to the nearest road of Yeongdeungpo-gu Seoul Metropolitan Government Dae Forest Station to the front road of Seoul Gwanak-gu Seoul Special Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition of traffic accidents;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Each written diagnosis;