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(영문) 서울북부지방법원 2017.08.10 2017고단1708
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 August 27, 2010, the Defendant received, from the Seoul Central District Court, a summary order of KRW 2 million as a crime of violating the Road Traffic Act, a summary order of KRW 1 million as a fine for the same crime at the Seoul Northern District Court on June 12, 2012, and a summary order of KRW 8 million as a fine at the Seoul Central District Court on April 29, 2013, respectively.

1. The Defendant is engaged in driving a Frodi vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk).

On January 7, 2017, the Defendant was under the influence of alcohol concentration of 0.196% in blood, and the Defendant was under the influence of alcohol at around 03:50, and the Defendant was under the influence of alcohol at around 03:196% in his/her face with shock, and the Defendant was under the influence of normal driving, such as he/she was unable to walk as he/she did not walk, and driven the said vehicle on the two-lane road in front of Seoul Special Metropolitan City Nowon-gu at the seat of the Korea Science and Technology University.

At night, since a person engaged in driving of a motor vehicle is at night, he/she has a duty of care to thoroughly take the front-time duty, to grasp the situation of the preceding vehicle, and to prevent the accident in advance by driving safely.

Nevertheless, the Defendant neglected to do so and did not confirm the condition of the preceding vehicle while under the influence of alcohol as above, and went through the occupational negligence of the victim H ( South, 68 years old) who was under the influence of the vehicle under the influence of alcohol and went into the front part of the vehicle under the influence of the vehicle under the influence of the vehicle under the influence of the vehicle under the influence of the vehicle under the influence of the vehicle under the influence of the vehicle under the influence of the vehicle under the influence of the vehicle under the influence of the vehicle under the influence of the vehicle under the influence of the vehicle under the front part of the vehicle under the influence of the vehicle under the influence of E ( South, 23 years old).

As a result, the Defendant suffered injury to the victim H by occupational negligence, such as cryp salt, which requires approximately three weeks of treatment.

2. The defendant, who violated the Traffic Act on the Road, has been punished for the crime of violating the Traffic Act on the Road at least two occasions.

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