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(영문) 서울북부지방법원 2016.10.13 2016고단3356
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 22:40 on July 30, 2016, the Defendant driven a c bargaining vehicle under the influence of alcohol content of 0.103%, from a new-dong in Seoul Central-gu to the same day from around 23:00 to the same day.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving motor vehicles.

On July 30, 2016, the Defendant, at around 23:00, was under the influence of alcohol such as not making an accurate statement in the state of alcohol 0.103%, and thus, it is difficult to drive the said car normally due to the influence of alcohol. However, the Defendant driving the said car and driving the two-lane of the two-lane road in the middle-gu Seoul Metropolitan Government, Jung-gu, Seoul, and driving the two-lane of the two-lane road in front of the middle-gu, Seoul.

Inasmuch as the victim D, who is driving prior to the time, was driven along the Estyna taxi, the driver is prohibited from driving a motor vehicle in such a situation where normal driving is difficult due to influence of drinking, and there was a duty of care to prevent accidents by accurately manipulating the traffic situation in the front line and accurately manipulating the steering and brakes.

Nevertheless, the Defendant neglected to perform his duty of care in the state of normal operation under the influence of alcohol, such as the foregoing, and caused the damaged vehicle that temporarily stops in order to get off the passenger by negligence, which led to the failure of the Security Department to look at the traffic situation of the front bank and proceeds.

Ultimately, the Defendant driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, resulting in injury to the victim D (the age of 66) in need of light and climatic salt, and suffered injury to the victim F (the age of 40) who is the passenger of the damaged vehicle for about two weeks, and suffered injury to the climatic salt, etc., the victim G (the age of 36), and the victim H.

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