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(영문) 서울동부지방법원 2017.11.14 2017고단2996
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 the above judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around July 29, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) (hereinafter “Aggravated Punishment, etc.”) led the Songpa-gu Seoul Songpa-gu Seoul road to drive D Poter cargo vehicle in the direction of two-way paths from the 8-lane to the maro, while under the influence of alcohol content 0.105% in blood.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as making a good living of the traffic situation and accurately operating the steering and brake system.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so, and neglected to properly operate the steering and steering devices, and caused the part of her son E ( South and 25 years old) who was walking on the front side of the said cargo to go beyond the right side of the said cargo vehicle.

Ultimately, the Defendant, while driving the said cargo in a situation where normal driving is difficult due to the influence of alcohol, suffered injury, such as “the cage cage cage cage cage sage fage,” which requires approximately eight weeks medical treatment to the victim.

2. On July 29, 2017, the Defendant: (a) driven the D cab while under the influence of alcohol at around 19:30,00, around 200, approximately 2 km from the Saemaul Treasury in the vicinity of the Songpa-gu Seoul Metropolitan Mcheon-dong market to the road in front of the same Gu C, while under the influence of alcohol at around 0.105%.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement, diagnosis document, and written estimate of the occurrence of the E traffic accident;

1. Reports on traffic accidents, reports on the occurrence of traffic accidents, notification of the results of crackdown on drinking driving, application of Acts and subordinate statutes to photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Articles 148-2 and 144 of the Road Traffic Act.

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