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(영문) 서울서부지방법원 2016.08.09 2016고단1417

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for nine 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. Around April 29, 2016, the Defendant violated the Road Traffic Act (drinking) driven a Clearning car under the influence of alcohol concentration of 0.213% while under the influence of alcohol leveling 0.213% from the roads near the Eunpyeong-gu Seoul Metropolitan Government Wolsandong to the road in the Eunpyeong-gu, Seoul, to the road in front of 129.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) is a person who is engaged in driving a motor vehicle of C bargaining.

The Defendant driven the said car while under the influence of 0.213% alcohol level during the blood transfusion at the time of paragraph 1, and the Eunpyeong-gu Seoul Metropolitan Government changed the 129-distance path from the Harsan-dong bank to the surface of the new accident-prevention.

In this case, there was a duty of care to prevent accidents, such as: (a) a person engaged in driving of a motor vehicle is well aware of the right and the left and right of the motor vehicle; and (b) a person who is engaged in driving a motor vehicle is responsible for preventing accidents by properly manipulating the steering gear

Nevertheless, the Defendant, while under the influence of alcohol, was in a difficult condition to drive in a normal way, is driving a car extensively by negligence without properly operating the steering gear of the vehicle, and frightened the central line, and proceeds in the opposite side from the front side of the new string, in the opposite side of the tunnel. The victim D driver, who was in the atmosphere of the signal, was placed in the front side of the victim E driver's taxi left side of the taxi.

As a result, the Defendant, by negligence, driven a car in a state where normal driving is difficult due to the influence of alcohol, sustained the injury of climatic base salt, etc., which requires a two-day medical treatment to the said victim D, suffered from the injury of the victim F, who is the passenger of the damaged vehicle, such as base salt for a two-day medical treatment, and suffered from the injury of the victim G, who is the passenger, such as base salt for a two-day medical treatment.

Summary of Evidence

1. The defendant's statement in court;