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(영문) 서울남부지방법원 2016.08.11 2016고단2620

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 engaged in driving a small-scale car B.

On May 7, 2016, under the influence of alcohol content of 0.128% in blood, the Defendant driven the said small-scale passenger vehicle with the alcohol content of 0.128% in the blood around 18:15, and continued the front road of Yangcheon-gu Seoul Metropolitan Government in front of the said hospital in the direction of the said hospital to be a hotel with her age.

In this case, a driver of a motor vehicle has a duty of care to prevent accidents in advance by accurately manipulating the front section and the left and right of the motor vehicle and accurately operating the steering gear.

Nevertheless, the Defendant, as seen above, was negligent in driving under the influence of drinking and proceeded as it is, while driving at the front of the signal in the front of the traffic, received the back part of the victim D(W, 50 years old) E driving in the front of the Defendant’s vehicle as the front part of the Defendant’s vehicle, and continuously received the back part of the victim FF(36 years old) G G driving in the front of the vehicle.

As above, the Defendant: (a) while driving a motor vehicle under the influence of alcohol that makes it difficult for the Defendant to drive the motor vehicle in a normal condition; (b) suffered from the victim D (the 50-year-old-car driver) (the 50-year-old-time-old-car driver); (c) the injury of chills, tensions, etc. in need of approximately two weeks of treatment to the victim H (the 17-year-old-car driver); (d) the injury of chills and tensions in need of approximately two weeks of treatment; (e) the injury of chills, which requires approximately two weeks of treatment to the victim F (the 36-year-old driver) who is the driver of the said a vehicle; and (e) the injury of chills in need of two weeks of treatment to the victim (the 36-day-old-car passenger and the 33-year-old driver of the said vehicle; and (e) the injury to the victim of the said chilled-do-vis.

2. The defendant shall make entries in paragraph (1) in violation of the Road Traffic Act.