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(영문) 서울북부지방법원 2016.02.04 2015고단4285
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. On November 5, 2015, the Defendant, while under the influence of alcohol at around 0.221% during blood transfusion, driven BM3 motor vehicles at the section of about 50 meters from the front of a restaurant in the vicinity of the river basin in Gangnam-gu, Seoul to the front of Samsung Fire, to the same 314 meters from the day of the restaurant.

2. The Defendant who violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) and the Road Traffic Act is a person engaging in driving CM car.

On November 05, 2015, the Defendant driven the above car at around 22:30 on November 22, 2015, and driven the front road of the 314 Samsung Building, Gangnam-gu, Seoul, Gangnam-gu, Seoul, into the flooding area of the water-only pharmacy at the seat of the water-only pharmacy, and stopped on the two-lane.

Since the place is so far away, the defendant engaged in driving service has a duty of care to drive safely by accurately operating the steering wheel, brakes and other devices of the vehicle.

Nevertheless, the Defendant’s negligence in the course of performing duties due to negligence in the course of driving, which caused the Defendant’s vehicle’s failure to drive in a normal condition, caused the Defendant’s injury to the Victim D(40) in the front part of the Victim D(SM3’s driving vehicle that was driven by the Defendant’s vehicle, and caused the Victim D to undergo approximately two weeks of medical treatment, such as climatic dumumumumumumumum dume and dume dume dume, etc., which requires approximately two weeks of medical treatment. The Defendant’s injury to the Victim E (hereinafter 40 years of age), who is the seat of the damaged vehicle, caused the Victim F (hereinafter 41 years of age), to incur a ple and fume dume dumumumumumumumumumumum dume that requires medical treatment for about three weeks of the time limit. At the same time, the Defendant’s 3rd car was damaged by KRW 728,100.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A traffic accident report (1) (2) (2)

1. A report on the detection of a primary driver;

1. Statement of the circumstances concerning the driver in charge; and

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