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(영문) 의정부지방법원 2016.06.03 2016고단712
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 October 31, 2015, the Defendant was under the influence of alcohol leveling 0.146% from the 2km section of the blood alcohol level from the construction site of the apartment house in the So-gu So-called So-called So-called So-called So-called So-called So-called So-called So-called So-called So-called So-called So-called So-called So-called Si, Seo-gu, Seocheon-si, to the vicinity of the Si-si 11.10-10, the Defendant driven a Cho-do motor vehicle under the influence of alcohol leveling from about 2km to the 0.

2. The Defendant is a person who is engaged in driving a franchise in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk).

On October 31, 2015, the Defendant driven the foregoing vehicle under the influence of alcohol level of 0.146% from the blood transfusion around 19:30 on October 31, 2015, and proceeded at a speed of about 50 km in speed from the east of Seoul to the east of the east-do road in the direction of the coefficient 11-10% at the time of vision interest.

In this case, a person engaged in driving service has a duty of care to prevent accidents by accurately manipulating the steering direction and brakes well, and to prevent accidents.

Nevertheless, the Defendant neglected to drive a vehicle while under the influence of alcohol while driving the vehicle, which was driven by the victim D (Woo, 32 years old) who stops in the atmosphere of the signal signal at the front of the Defendant’s course, was shocked to the front part of the vehicle driven by the Defendant, with the front part of the vehicle driven by the Defendant, and the said K5 passenger vehicle was now pushed in the future, and the lower part of the G SP car driven by the victim F (30 years old) of the victim F (30 years old) who stops in the atmosphere of the signal signal above was shocked with the front part of the said K5 vehicle.

Ultimately, the Defendant violated the duty of care of a person engaged in driving service in a situation where normal driving is difficult due to influence of drinking, drive a motor vehicle, and inflicted an injury on the victim D such as salt, tension, etc. in need of a two-day medical treatment, and the victim F., such as salt, tension, etc. in need of a two-day medical treatment.

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