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(영문) 서울북부지방법원 2015.07.23 2015고단1900
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

However, 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. On January 14, 2009, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act (driving) at the Seoul Northern District Court of Seoul Northern District on January 14, 2009, and was sentenced to a summary order of 2.5 million won by a fine at the Seoul East District Court on May 18, 2012.

On March 3, 2015, at around 23:35, the Defendant driven a DNA 5 car while under the influence of alcohol with approximately approximately 500 meters alcohol concentration of about 0.224% from the front side of the U.S. middle school located in Gangnam-gu Seoul Metropolitan Government to the front side of the C restaurant located in Gangnam-gu Seoul Metropolitan Government.

As a result, the defendant was punished as a drinking driving more than twice, and again was driving under the influence of alcohol.

2. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by DP) is a person engaging in driving a car.

On March 3, 2015, at around 23:35, the Defendant driven the said car as his duties while under the influence of alcohol with 0.224% of blood alcohol concentration, and led the Defendant to straight down the roads front of the restaurant C in the Gangseo-gu Seoul Metropolitan City, Gangnam-gu, from the triyang-gu distance outflow.

In such a case, there was a duty of care to prevent accidents by accurately operating and safely operating the steering gear and brake system in a clean spirit at all times to the person engaged in driving service.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to perform his duty of care in the state of being unable to drive normally and was negligent in the course of being on the part of the victim E(54 years old) driving that was driven ahead of the same lane, was the front part of the Defendant’s car.

In the end, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to the influence of drinking, thereby resulting in the victim’s injury in need of medical treatment for about two weeks.

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