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(영문) 서울서부지방법원 2015.10.13 2015고단2065

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Power】 On December 20, 2012, the Defendant issued a summary order of KRW 4 million at the Seoul Central District Court on the grounds of a violation of the Road Traffic Act (driving). On May 3, 2013, the Defendant issued a summary order of KRW 5 million at the Seoul East District Court on the grounds of a violation of the Road Traffic Act (driving). On September 12, 2013, the Defendant was sentenced to a fine of KRW 10 million at the Seoul East East District Court on the grounds of a violation of the Road Traffic Act (driving) and was sentenced to a fine of KRW 10 million at the Seoul East District Court on September 12, 2013.

【Criminal Facts】

1. The Defendant is a person who is engaged in driving of Category C rocketing motor vehicles.

On June 18, 2015, the Defendant driven the said car while under the influence of alcohol of 0.210% of blood alcohol level around 01:05, and led the Defendant to drive the said car along the direction of Dongjak-gu Seoul, Yongsan-gu, Seoul, along the four-lane road of the 248 Gangnambuk-ro, Seoul.

At the time, there are nights and rains, so in such a case, a person engaged in driving of a motor vehicle shall accurately operate the steering wheel, brakes and other devices of the motor vehicle, and shall not drive the motor vehicle at such a speed or in such a manner as to inflict any danger and injury on others according to the traffic conditions of the road and the structure and performance of the motor vehicle, and there was a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as keeping the traffic situation on the right and right and right

Nevertheless, the Defendant’s rhythm, with the influence of drinking, drives the said car in a state where normal driving is impossible due to the negligence of the Defendant, such as a deep distance and the failure to keep the body balance, etc., the Defendant’s hythm to the victim F (39 years old) who was on board the said taxi with the back part of the Dwork that was driven by the Defendant in the front line of the car driven by the Defendant.