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(영문) 서울서부지방법원 2016.11.01 2016고단2367
특정범죄가중처벌등에관한법률위반(위험운전치사)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving) (hereinafter referred to as "the Act on the Aggravated Punishment, etc. of Specific Crimes"), around 23:55 on July 29, 2016, the Defendant was under the influence of alcohol level of 0.172% and driving a motor vehicle as a duty of driving a motor vehicle in front of Seoul Mapo-gu, and driving the motor vehicle as a irrigation room on the apartment room in front of Seoul Mapo-gu, Seoul, a delivery for pedestrians walk. As such, the Defendant had a duty of care to properly operate the brake system and prevent accidents by properly manipulating it.

Nevertheless, the Defendant was negligent in driving a stroke while driving a stroke while under the influence of alcohol and failed to properly operate the brake system, and continued to proceed after receiving the victim F(F, 46 years old), and the victim G(V, 40 years old) who was in order to get a taxi on the street on the front side of the driver's car, and served the victim F(F) who was over the ground floor.

Therefore, the defendant is unable to drive a car normally due to the influence of drinking, and the defendant driving the car and let the victim FF do the next day.

7. Around 300:13, the Plaintiff suffered injury, such as salt paneries and tensions, which require medical treatment for approximately two weeks at the female mother hospital located in Yeongdeungpo-gu Seoul Metropolitan Government, as well as resulting in cerebral blood death at the female mother hospital located in Yeongdeungpo-gu Seoul Metropolitan Government.

2. The Defendant violated the Road Traffic Act (driving) at the time and time set forth in paragraph (1) of this Article, driving a car under the influence of alcohol level of about 0.172% in the section of about 6km from the vicinity of the Geumcheon-gu Seoul Metropolitan Government Yangdong Line to the front road of Mapo-gu Seoul Metropolitan Government.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's interrogation protocol of the accused;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Investigation reports (Application of the Madmark);

1. A corpse inspection report and a diagnosis report;

1. Application of the Act on On-Site photographs, boomers of vehicles, CD images, etc. 1.

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