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(영문) 서울서부지방법원 2016.10.27 2016고단1641
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 16:30 on April 10, 2016, the Defendant violated the Road Traffic Act (driving a sound driving) driven a Dominer car while under the influence of alcohol with a blood alcohol concentration of 0.175% from a restaurant in the mutual influence in Yongsan-gu Seoul Metropolitan City to the front side of Yongsan-gu Seoul.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving) is a person engaging in driving a motor vehicle of DNA U.S

The Defendant driven the above vehicle while under the influence of alcohol concentration of 0.175% on the date and time under paragraph (1), and driven the front side road of Yongsan-gu Seoul Metropolitan Government at a speed of about 60 km by the door name-line toward the face of the protection.

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 difficult due to influence of drinking, and there was a duty of care to prevent accidents in advance by driving the motor vehicle safely, such as making a good report on the situation of anti-traffic, accurately manipulating the steering gear, etc.

Nevertheless, the Defendant, while under the influence of alcohol, was unable to drive normally, was under the influence of alcohol and was under the influence of the driver in front of the upper right part of the vehicle in front of the driving vehicle.

As a result, the defendant suffered from the injury of the victim G (V, 46 years of age) who was on the top of the damaged vehicle due to the influence of drinking by negligence while driving a motor vehicle while normal driving is difficult.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of each traffic accident of H, G, and I;

1. A traffic accident report and a report on the occurrence of a traffic accident;

1. A report on detection of a host driver (No. 21 of the Evidence List), and a report on the circumstantial statement of the host driver;

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