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(영문) 서울서부지방법원 2017.03.30 2017고단381

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who drives a motor vehicle with soflurt from B.

1. On January 24, 2017, the Defendant driving the said vehicle while under the influence of alcohol content of 0.131% from blood transfusion around 20:30 on January 24, 2017, and driving the said vehicle with two-lane roads in front of Yongsan-gu Seoul Metropolitan City on the one-way middle school at the community service center, and driving the two-lane roads in front of Yongsan-gu Seoul Metropolitan City on the one-way middle school at the community service center as one-way middle school.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is impossible due to influence of drinking, and has the duty of care to prevent accidents in advance by driving the motor vehicle safely, such as accurately operating the steering system, brakes, and other devices of the motor vehicle.

Nevertheless, the Defendant neglected this and was driving by the victim D (46 tax) who was going on the front side of the same direction.

EM6 Motor Vehicle's rear part of the EM6 Motor Vehicle was inferred into the front part of the EM6 Motor Vehicle.

As a result, the Defendant caused the victim F(34 tax) who was on board the victim D and his own vehicle due to negligence in the course of business, while driving a motor vehicle in a state where normal driving is difficult due to drinking, thereby resulting in a climatic and climatic salt requiring treatment for about two weeks respectively.

2. Around January 24, 2017, the Defendant violated the Road Traffic Act (drinking) driving a vehicle of approximately 4 km from the 45-ri king China's New Distribution in Seocho-gu Seoul, Seoul to the roads front Yongsan-gu, Seoul, with approximately 0.131% alcohol concentration in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the corresponding provision of the Act, and Article 148-2 (2) 2 of the Road Traffic Act.