beta
(영문) 서울중앙지방법원 2015.01.23 2014고단9137

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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a B K5 vehicle;

On November 13, 2014, the Defendant driven the said car at around 01:09, and changed the four-lanes from the D cafeteria located in Dongjak-gu Seoul Metropolitan Government to the three-lanes while driving the said car at the speed of 0.195% (the application of the Fmark formula) of blood alcohol concentration on the side of the deaf-gu.

At the time, there was a vehicle already in the night and in the three-lane, so in such a case, there was a duty of care to prevent accidents in advance by accurately operating the brakes in a safe speed and manner by accurately operating the brakes while living well on the driver of the vehicle.

Nevertheless, the Defendant neglected this and failed to properly operate the brakes under the influence of alcohol, and took part of the F-A-Wn-Wn-Wn-on vehicle driven by the victim E prior to three-lanes into the front part of the Defendant’s car left side, and caused the Defendant to shock the rear part of the H Poter-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the victim E, such as salt ties and tensions, etc., which require a three-day medical treatment, injury to the victim I, such as salt ties, tensions, etc., which require a two-day medical treatment, and injury to the victim G, such as light drums, tensions, and tensions, which require a two-day medical treatment.

2. On November 13, 2014, the Defendant violated the Road Traffic Act (driving a sound driving) from the front day of the “Yaman River” road located in the Bridge of Dongjak-gu Seoul Metropolitan Government, Seoul, at around 01:00, to the Dcafeteria located in Dongjak-gu, Seoul.