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(영문) 서울동부지방법원 2016.09.01 2016고단2051
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 00:02 on May 17, 2016, the Defendant driven a motorcycle with a 90 ridge-ro, Gwangjin-gu, Seoul Special Metropolitan City, with a maximum of 00 meters from the front of the department store to the 346th day of the same Do, while under the influence of alcohol content of about 0.152% from the 800-meter from the same Do to the 346th day of the same Do.

2. On May 17, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was driving the said motorcycle under the influence of alcohol as set forth in paragraph (1) at a 90 ridge-dong, Gwangjin-gu, Seoul Special Metropolitan City, while driving the said motorcycle on the front of the department store, and driving the said motorcycle at a speed below the speed of visible one way among the three-lanes.

In this case, the driver of a motorcycle has a duty of care to take the front side and left side well and to accurately manipulate the steering and brakes and prevent accidents.

Nevertheless, due to the negligence that the Defendant was unable to properly operate the steering gear under the influence of alcohol, the Defendant received the median-type subway 2 line pole of the upper left side of the front bank, and caused the victim D (V, 29 years old) who was on the back side to go beyond the bottom by driving the motorcycle.

As a result, the Defendant driven the above motorcycle in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim, such as damage to the right side of the bridge on the left side where treatment for about three weeks is necessary.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement on the occurrence of D traffic accidents;

1. Application of Acts and subordinate statutes to survey reports on actual conditions, records on measurement of drinking, and reports on the actual state of drinking drivers;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 148-2 (2) 2 and Article 44 of the Road Traffic Act.

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