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(영문) 서울서부지방법원 2016.05.24 2016고단687
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. The Defendant is a person engaging in driving of a wing and printing freight vehicle B, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk).

On March 15, 2016, the Defendant driven the above vehicle while under the influence of alcohol 0.202% during blood transfusions on March 18, 2016, while driving the vehicle along the one lane in the direction of the new road in the smooth tunnel of Eunpyeong-gu Seoul, along the one lane in the direction of the new road. At the time of the Defendant’s vehicle operation, the Defendant was at the front section of the vehicle, and the Defendant, who is in charge of driving the vehicle, has a duty of care to prevent accidents by accurately manipulating the front section and the steering system.

Nevertheless, the Defendant neglected to drive under the influence of alcohol in a state where normal driving is difficult due to the influence of alcohol, and failed to see the D that was driven by the victim C (V, 59 years old) who was driving ahead of the same direction, and failed to stop the vehicle, and caused the part of the Defendant’s vehicle due to the negligence of driving the vehicle in front of the victim’s vehicle.

As a result, the Defendant suffered injury, such as finite finites, which require approximately two weeks of medical treatment, from the victim due to the above occupational negligence.

2. On October 29, 2010, the Defendant is a person who has been sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (drinking driving), such as a violation of the Road Traffic Act (drinking driving), at a high-level Seoul Western District Court on March 29, 2010, and on August 20, 2012, a person who was sentenced to a fine of KRW 5 million by the Seoul Western District Court on August 20, 2012.

Nevertheless, on March 15, 2016, the Defendant driven B-wing cargo under the influence of alcohol content of 0.202% at approximately 500 meters from the front of the dwelling in Eunpyeong-gu Seoul Metropolitan Government, around 18:18, the same Gu from the front of the dwelling in Eunpyeong-gu, Seoul, to the front of the 184 new marb road, a flat tunnel.

Summary of Evidence

1. The defendant's statement in court;

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