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(영문) 서울중앙지방법원 2016.11.23 2016고단6185
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by DD Driving) is a person engaging in driving a D AD car.

On April 15, 2016, the Defendant driven the said car under the influence of alcohol level of 0.149% on blood alcohol level around 07:20 on April 15, 2016, and driven the said car at a speed below the speed of 113 lanes in the pressure zone of Gangnam-gu Seoul, Gangnam-gu, Seoul, along the three-lanes in the direction of the distance between new history and new history, moving the vehicle at a speed below the speed above the speed of 5 lanes in the direction of the northwest of Korea.

In this case, there was a duty of care to prevent accidents in advance by properly operating the steering direction, etc. to prevent accidents by properly operating the steering direction, etc. of the vehicle driving service in order to properly consider the traffic conditions before and after the moving of the vehicle in front of and after the moving of the vehicle.

Nevertheless, if the defendant neglected this and changed the bus line into a four-lane as it is, the defendant got the front part of the F Bus driven by E in the right side of the F Bus driven by the defendant, and let the victim G (V, 26 years old) who is a passenger in the bus when the above bus stops rapidly.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and suffered from the injury of the victim, such as a multi-dratulation and salt cat for about two weeks of medical treatment.

2. While the Defendant was under the influence of alcohol concentration of 0.149% at a temporary border under paragraph (1) of this Article, the Defendant operated a section of approximately 1.5 km from the vicinity of the New History Station in Gangnam-gu Seoul, Gangnam-gu to the Hannam-gu, Seoul, to the Hannam-gu, 113 (Seoul), as the said vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Traffic report (on the actual condition survey report 1,2);

1. A report on the actual state of the driver;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant provisions concerning facts constituting an offense;

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