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(영문) 서울동부지방법원 2016.07.13 2016고단1264
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 February 28, 2016, the Defendant: (a) driven a B-low-income vehicle under the influence of alcohol concentration of 0.156% without obtaining a driver’s license in a section of about 5km from the west-si, Seoul Metropolitan Government to the entrance intersection of the Gyeong-dong, Gangdong-gu, Seoul, in a manner of under the influence of alcohol level of 0.156%.

2. Around February 28, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) driven B-hoer vehicle under the influence of alcohol concentration of 0.156% in blood at the entrance crossing of the entrance of the first name of the Sang-dong Sang-dong, Gangdong-gu Seoul Metropolitan Government, while driving the B-hoer vehicle at the speed of 0.156% in blood, and proceeded to turn to the right at a speed of 20km in the direction of the Gangwon-dong National University Hospital.

At all times, in order to make a left- or left-hand turn to a road of six-lanes, one-lane direction should be used, so there was a duty of care to prevent accidents in advance by proceeding with the vehicle ahead after entering the left-hand turn signal at the intersection.

Nevertheless, due to the negligence that the Defendant was unable to properly operate the brake system under the influence of alcohol, the Defendant got a back-concepter of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the victim C (hereinafter referred to as 56 years old) who was parked in the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle due to its shock, and the victim E (hereinafter referred to as 60 years old) who was parked in the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle.

As a result, the Defendant driven the said franchise-low vehicle in a situation where normal driving is difficult due to influence of drinking, and suffered injury, such as an influence, closure, etc. of an influence that requires approximately three weeks of medical treatment to the victim C, and injury to the victim E, such as an influent stress disorder that requires approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. The defendant;

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