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(영문) 서울동부지방법원 2016.08.24 2016고단1532
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendants shall be punished by imprisonment for eight months.

However, each of the above penalties shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A is a person who is engaged in driving a vehicle C with a driver’s license.

On April 7, 2016, the Defendant driven the said car under the influence of alcohol content of 0.136% during blood transfusions on April 7, 2016, and driven the said car at a emulcious speed from the front of the Seoul Olympic Games, which is located in 25, Songpa-gu Seoul Olympic Games, to the parallel of divings from the front of the Seoul Olympic Winter Games.

At the time, the victim B(46) driver's rocketing car was parked in the right side of the defendant's moving direction, so there was a duty of care to safely operate the driver's vehicle by accurately manipulating the steering wheel and brake system.

Nevertheless, the Defendant neglected this and caused the victim B to shock the water flow protection wall in front of the vehicle of the Defendant, by neglecting it and neglecting it to drive it on the three-lane road in a state where it is difficult for the Defendant to drive it normally due to the foregoing, by impairing the right-side safety zone to change the vehicle line into a four-lane road. The Defendant followed the part of the victim B’s vehicle behind the vehicle of the Defendant, and caused the car of the victim B to shock the water flow protection wall in front of the vehicle of the Defendant.

Ultimately, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of alcohol, and sustained injury to the victim B and the same passenger E, such as salt, tension, etc. in each of which requires two-day medical treatment. As above, the Defendant driven a motor vehicle.

2. On April 7, 2016, Defendant B driven a vehicle under the influence of alcohol, such as sending back to the emergency room of G hospital in Songpa-gu Seoul, Songpa-gu, Seoul, due to the same accident as described in paragraph (b) around 04:14 on April 7, 2016, and then driving the vehicle under the influence of alcohol, such as drinking and smelling on the face.

A drinking measuring instrument shall be 04:14 on the same day from a slope H, 04:25 on the same day, 04:38 on the 04:38 on the 04:49 on the 04:49 on the 04:49 on the same day.

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