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(영문) 서울서부지방법원 2016.11.15 2016고단1876
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

However, 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. On May 8, 2016, the Defendant, at around 06:40, driven a e-mail vehicle under the influence of alcohol by 0.173% in a distance of about 1km from the front of the D’s “D” dance uniform store operated by himself/herself in Mapo-gu Seoul Metropolitan Government, to the road located within the southwest of Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was driven as a business of a motor vehicle with the above sub-fluence while under the influence of alcohol level of 0.173% at a temporary border under paragraph (1), and led to a five-lane road in the south of Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government, along the direction of the five-lane distance from the north north bank of Mapo-gu, to the south bank north bank of Mapo-gu.

In such cases, a person who drives a motor vehicle as his/her duty shall not drive a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and there was a duty of care to prevent accidents in advance by driving the motor vehicle safely, such as making a good report on the traffic situation, accurately manipulating the steering gear, etc.

Nevertheless, the Defendant, while under the influence of alcohol, was in a difficult condition to drive normally, was negligent in driving without properly examining the front door, and was in front of the Defendant’s vehicle by negligence, and received the part of the Defendant’s vehicle with the front part of the Defendant’s vehicle.

As a result, the Defendant caused the injury to the victim F by negligence who driven a motor vehicle while driving it normally due to influence of alcohol for about two weeks in need of medical treatment, and the injury to the victim H who was on board the damaged motor vehicle for about two weeks in need of medical treatment, and the injury to the victim H, who was on board the damaged motor vehicle for about two weeks in need of medical treatment.

Summary of Evidence

1. Part of the defendant;

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