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(영문) 서울동부지방법원 2018.01.24 2017고단3703
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be sentenced to eight months of imprisonment, and the execution shall be suspended for two years from the date when the judgment becomes final and conclusive.

(b) the defendant;

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a car B in the amount of a car.

On August 4, 2017, the Defendant driven the said car under the influence of alcohol concentration of 0.177% during blood transfusions on August 17:25, 2017, and led the Defendant to drive the said car along one-lanes of the five-lane Seoul, which is located at the lower-class operation of Gangdong-gu Seoul Metropolitan Government, along the outer highways of the five-lane Seoul, which are located at the lower-class operation of Gangdong-gu Seoul Metropolitan Government, along the one-lanes

In this case, the driver of a motor vehicle has a duty of care to prevent accidents in advance by accurately operating the steering gear and brake system of the motor vehicle in a normal state without influence of drinking or drugs, and driving the motor vehicle in a safe manner by checking the traffic situation on the front side and the right side.

Nevertheless, the Defendant did not maintain the safety distance with a vehicle in body by the victim C (46 years) who was driven by the Defendant due to the negligence of driving the vehicle in a state of difficult driving under the influence of alcohol, and did not maintain the safety distance with a vehicle in body, and received the part behind the vehicle in body in the front part of the vehicle in large e-mail.

As a result, the Defendant suffered from the injury of the victim E (58) who was on board a car with the victim C due to the above occupational negligence, such as salt, tensions, etc. in the boom for about two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to a survey report on actual conditions and a statement on the circumstances of drivers in charge;

1. Penalty provision - Article 5-11 (Bodily Injury) of the Act on the Aggravated Punishment, etc. of Specific Crimes - Article 148-22 (2) 2 and Article 44 (1) of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment shall be imposed against each injury or injury, and the punishment shall be imposed against heavier C);

1. Imprisonment with prison labor for choice of punishment;

1. Articles 37 and 38 of the Criminal Act to increase concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. Social services and other criminal laws 62-2;

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