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(영문) 서울동부지방법원 2017.11.30 2017고단3245
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a motor vehicle with the highest price below, and is engaged in driving a motor vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the violation of the Road Traffic Act, and the violation of the Road Traffic Act;

On May 15, 2017, the Defendant driven the said car under the influence of alcohol level of 0.179% among blood transfusion around 00:10, and continued to drive the said car at a speed of about 10km per hour, depending on five lanes in the direction of the public morals in the direction of Mapo-do Seoul, the front side of Mapo-gu Seoul.

At the time of the accident, the point of accident was difficult at night near the intersection, and there was a vehicle that stops in the signal atmosphere in front of the defendant's moving direction, so in such a case, a person engaged in driving service has a duty of care to prevent the accident by properly examining the first direction of the vehicle in a normal state without any influence on alcohol or drugs.

Nevertheless, the Defendant was negligent at the point of accident due to negligence while under the influence of alcohol, and the victim D's D's vehicle parked in the signal atmosphere in front of the Defendant's vehicle, and received the part behind the victim D's vehicle in front of the B's vehicle in front of the vehicle in front.

Ultimately, the Defendant caused the injury of the victim D and E due to occupational negligence in driving a motor vehicle while normal driving is difficult due to influence of drinking, and the Defendant damaged the victim F, who was on board the motor vehicle, to whom approximately two weeks of medical treatment is required for each of the two weeks, and damaged the E-high typ typ to repair costs equivalent to KRW 627,918, such as the cost of exchange of the vehicle for the crime.

2. The Defendant violated the Guarantee of Automobile Compensation Act, without having subscribed to mandatory insurance at the time and place specified in the preceding paragraph, driving the said B-hand car.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of each traffic accident of D or F;

1. A traffic accident report (on-site investigation report), inquiry of the results of crackdown on drinking driving regulations, and an investigation report (Submission of a medical certificate);

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