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(영문) 서울북부지방법원 2016.09.01 2016고단2115
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaged in driving a B rocketing or other car.

On May 11, 2016, at around 03:46, the Defendant was under the influence of alcohol such as not making an accurate statement in the state of alcohol 0.167%, and thus, it is difficult to drive the said car normally due to the influence of alcohol. However, the Defendant driven the said car and driven the two-lanes between three-lanes from the home-fluence room in Dongdaemun-gu Seoul Metropolitan Government Home-fluter to the drinking-bluence.

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 the duty of care to prevent accidents in advance by keeping the front-hand and right-hand traffic condition well and driving the motor vehicle in good faith.

Nevertheless, the Defendant neglected this and neglected, and neglected it, caused a sudden negligence in violation of the signal while under the influence of alcohol, and led the victim C(the age of 42) who passed the intersection from the right side of the direction-hand side to the intersection from the new direction-hand side of the direction-hand side of the road according to the Mad-W vehicle No. 8 to the front part of the Defendant’s car.

As a result, the Defendant suffered injury to the victim, such as cerebral wave, which requires medical treatment for about three weeks, due to the influence of alcohol, in a state where normal driving is difficult due to such occupational negligence.

2. Around 03:00 on May 11, 201, the Defendant driven a B rocketing car with a blood alcohol content of 0.167% while under the influence of alcohol, around 03:46 on the same day from Seongbuk-gu Seoul E and 202 to 03:46 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A survey report on actual condition and a report on the control of drinking;

1. A medical certificate;

1. An investigation report (G light hearing of statements - the suspect’s condition at the time of his/her accident).

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