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(영문) 서울중앙지방법원 2017.04.25 2016고단3920

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 24, 2010, the Defendant was issued a summary order of KRW 1.5 million by the Jeju District Court for a crime of violating the Road Traffic Act, and a fine of KRW 2 million by the same court on April 28, 201.

1. The Defendant is a person who is engaged in driving a rocketing car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) and the Road Traffic Act.

On September 30, 2015, the Defendant, at around 00:52 on September 30, 2015, driven the said car while under the influence of alcohol content 0.120% in blood and, at the same time, driven the said car at a speed of about 50km in speed from the front church to the front church.

Since there is a three-distance on which the lanes are marked, there was a duty of care to prevent accidents in advance by thoroughly operating the steering gear and operating the steering system accurately while complying with the lanes.

Nevertheless, the defendant neglected this and failed to accurately operate the steering gear and brakes, and received pedestrian signal, etc. installed in front of the above three-distance apartment complex, as part of the front part of the car of the defendant.

As a result, the defendant driving the above vehicle in a situation where it is difficult to drive the vehicle normally due to influence of drinking, and suffered injury to the victim E (the age of 22) who was on the said vehicle, such as the opening of face necessary for treatment for about two weeks, and at the same time damaged the victim's special self-government of Jeju Special Self-Governing Province 70,000 won.

2. Violation of the Road Traffic Act and the violation of the Road Traffic Act (driving without a license) shall be the blood alcohol concentration from a section of approximately 250 meters to a third apartment in the same Dong from the front of the Young Village located in the Ildo-dong at the time of the day specified in paragraph (1) to the front of the apartment house located in the same Dong without obtaining a driver's license.