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(영문) 서울중앙지방법원 2016.08.24 2016고단4431
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

Reasons

Punishment of the crime

[criminal history] On February 9, 2007, the Defendant was sentenced to a summary order of 1.5 million won as a crime of violating the Road Traffic Act (driving) at the Busan District Court’s branch branch, and on January 30, 2015, the Defendant was sentenced to a suspended sentence of 2 years in July, 2015, and was sentenced to a fine of 9 million won due to a crime of violating the Road Traffic Act (driving) at the Seoul District Court’s Seoul District Court’s Branch on August 12, 2015.

[Criminal facts]

1. On May 19, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) driving a DNA car with alcohol content of 0.149% while under the influence of alcohol around 20:45 on May 19, 2016, and driving a DNA car with alcohol content of 0.149% on the blood, thereby driving the three-lane road in front of the Gwanak-gu Seoul Special Metropolitan City Mak Fire Fighting Station located in 97, Gwanak-gu, Seoul Special Metropolitan City along the two-lane direction of the Seoul National University.

At the same time, there was an intersection where signal lights are installed, so in such a case, there was a duty of care to check whether there is a vehicle waiting for signal by reducing the speed of the vehicle for the driver of the vehicle, and properly manipulating the brake system to prevent the accident in advance.

Nevertheless, the Defendant was negligent in not operating the brakes properly under the influence of alcohol and received the back part of the victim E (59) who driven by the Defendant in the front part of the FF taxi that was in the front of the passenger car that the Defendant driven.

As a result, the Defendant driven the above van in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the victim E, such as salt ties, tensions, etc. in need of light treatment for about three weeks, and injury to the victim G (V, 36 years old), who is a passenger of the said cab, for about two weeks of medical treatment.

2. Violation of traffic laws on roads, and violation of traffic laws on roads;

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