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(영문) 서울남부지방법원 2016.07.14 2016고단2069
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 14, 2007, the Defendant received a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act (drinking driving), etc. from the Suwon District Court on September 14, 2007, and a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act (drinking driving) from the Seoul Southern District Court on July 2, 2014.

1. The Defendant is a person who is engaged in driving a car with Bone Starex in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk).

On April 16, 2016, the Defendant driven the above vans around 20:55 on April 16, 2016, and led the two-lanes of the two-lanes between the two-lanes in the direction of the distance of the door-to-door 128 export bridge in Geumcheon-gu Seoul, Seoul.

At the time of night, a person engaged in driving of a motor vehicle has a duty of care to drive the motor vehicle safely by thoroughly performing the duty of care on the front side.

Nevertheless, the Defendant was driven by the victim C(42C) who driven by negligence while driving a motor vehicle under the influence of alcohol while under the influence of alcohol by 0.158% while under the influence of alcohol while driving a motor vehicle with a alcohol level of 0.158% in the blood, and received the part of the Defendant’s vehicle behind the driver’s line.

As a result, the Defendant suffered injury to the victim by negligence in the course of performing the above duties, such as a scambling, which requires the treatment of about two weeks.

2. The Defendant violated the Road Traffic Act (drinking driving) driving at around the date and time set forth in the above paragraph 1, Defendant 1 driven the Bone Starex vehicle under the influence of alcohol content of approximately 0.158% in the section of approximately 1km from the front of the Gaon-gu Seoul Metropolitan Government, to the export bridge for about 1-128 additional digital 1km in Geumcheon-gu Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of traffic accidents;

1. A traffic accident report, a report on the detection of the driver at home, a report on the situation of the driver at home, a report on the scene of the accident, a medical certificate, and a estimate for repair of the damaged vehicle;

1. A previous conviction in judgment:

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