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(영문) 서울서부지방법원 2016.12.22 2016고단3276
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for four 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

The defendant is a person driving a benz car in B.

1. On August 31, 2016, the Defendant violated the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving) (hereinafter “Aggravated Punishment, etc.”) passed two-lanes between five-lanes in the face of the 736-lane Customs Roadside in Seoul, Gangnam-gu, while under the influence of alcohol at a level of 0.161% in which normal driving is impossible due to red and the blood color of the face is rhyd and rhyd.

In such cases, the driver has a duty of care to maintain and operate a necessary distance to prevent accidents if the previous vehicle stops.

Nevertheless, due to the negligence of neglecting this, the Defendant left the part behind the vehicle in the same direction as that of the Defendant’s driver’s vehicle in Cpoter II in the same direction, and led the vehicle to be pushed ahead of the Defendant’s driver’s vehicle due to the shock, which led to the shocking of Dpool.

As a result, CPoter Ⅱ driver E (year 38), D taxi driver F (year 47) was injured for 2 weeks of treatment days such as catum salt and tension, shoulder catum, tension and tension, and tension, and the passenger G (year 29) who was aboard the cab was injured for 29 years of age.

2. The Defendant is under the influence of alcohol level of 0.161% as stated in the above paragraph (1) of the Road Traffic Act, and the indictment from the fluenite-dong, Gangnam-gu, Seoul to the 736-ro, Gangnam-gu, Seoul, the place where the accident occurred, stated that “in the section of about 10km from the fluenite-dong, Yongsan-gu to the 736-km-ro, Gangnam-gu, the place where the accident is located” but the starting point is near the fluent customs distance in Gangnam-gu, Seoul.

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