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(영문) 서울동부지방법원 2015.10.01 2015고단2206
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

[criminal power] On August 16, 2012, the Defendant issued a summary order of KRW 2,00,000 by the Seoul Eastern District Court for a violation of the Road Traffic Act (driving) and on March 27, 2014, the above court issued a summary order of KRW 4,50,000 as a crime of violation of the Road Traffic Act (driving).

【Criminal Facts】

The Defendant is a person engaging in driving a BMW car.

On June 12, 2015, at around 07:20, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of alcohol at 0.128%, and led the two-lanes from the five-lane ahead of the F of the amended Mannam-si, Sungnam-si, to go through the marbal distance from the front side of the Mannam-si.

At the time, there was a large volume of traffic at the time of attendance, so in such cases, the defendant engaged in driving a motor vehicle has a duty of care to safely operate the operation of the system and steering gear by accurately manipulating the system.

Nevertheless, the Defendant received the part behind the victim G(WWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWW

As a result, the Defendant driven a car in a situation where normal driving is difficult due to influence of drinking, resulting in injury to the victim, such as climatics, climatics, right side salt, etc., which requires a medical treatment for about three weeks, and at the same time damaged the damaged vehicle, and then damaged 12,897,750 won of repairing expenses, such as blibing a blier.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of G and J;

1. A traffic accident report;

1. A written request for appraisal;

1. Inquiry into the results of crackdown on drinking driving;

1. A medical certificate;

1. Written estimate;

1. On-site and vehicle photographs;

1. Previous convictions in judgment: criminal records and references;

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