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(영문) 서울남부지방법원 2016.08.11 2016고단2710

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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A defendant shall be punished by imprisonment for one year.

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

On December 15, 2006, the Defendant was sentenced to a summary order of KRW 1 million as a crime of violating road traffic law (drinking driving) in the support of the Korea Coast Guard on December 15, 2006, the Incheon District Court issued a summary order of KRW 2 million as a crime of violating road traffic law (drinking driving) at the Incheon District Court on September 27, 2007, respectively, and on March 24, 2009, the Defendant was sentenced to a suspended sentence of one year for 4 months by imprisonment for a crime of violating road traffic law (drinking driving) at the Seoul Southern District Court.

1. The Defendant is a person who is engaged in driving a car in Grandland as a driver of the vehicle in Grandland, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before danger).

On May 21, 2016, the Defendant driven the above 02:20 on the 02:20, and driven the four-lane road in front of the D Association located in Gangseo-gu Seoul Metropolitan Government, Gangseo-gu, along the two-lanes in the direction of the Gangseo-gu Office in the direction of the Gangseo-gu Office.

At the time of night, a person engaged in driving of a motor vehicle has a duty of care to drive the motor vehicle safely by thoroughly performing the duty of care.

Nevertheless, the Defendant, while driving under the influence of alcohol concentration of 0.137% in blood and driving under the influence of alcohol while normal driving is difficult due to the same influence of alcohol, was shocked by the left side part of the FOtob, which was driven by the victim E (27 e) who driven in the same direction due to negligence, with the upper part above the right part of the Defendant’s vehicle.

As a result, the Defendant suffered injury to the victim, such as salt, tension, etc. of other parts necessary for a day medical treatment, by negligence in the above business.

2. Although Defendant 1 had been subject to punishment twice or more due to driving of alcohol as above, Defendant 2 driven a Ban-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-k-kn-kn-kn-kn-k-kn-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-kn-k-k-k-k

Summary of Evidence

1. Statement by the defendant in court;

1.Each.