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(영문) 서울남부지방법원 2016.05.19 2016고단238
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

On July 2, 2015, the Defendant was sentenced to a fine of KRW 6 million for a crime of violating the Road Traffic Act at the Seoul Southern District Court on July 2, 201, and was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act at the Suwon Friwon on December 19, 201.

1. Around July 21, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven a B Poter freight vehicle under the influence of alcohol at a 0.169% of alcohol concentration in blood around the New-dong, Yangcheon-gu Seoul Metropolitan Government around 21:30 on May 17, 2015, and led the Defendant to drive the B Poter freight vehicle at the same 1-dong community service center located in the new-day distance.

Since a motor vehicle is parked on the side of the road, there was a duty of care to prevent accidents in advance by properly manipulating the steering gear and brake system with the driver of the motor vehicle while living well in the front.

Nevertheless, under the influence of alcohol, the Defendant was negligent in not operating the brake and steering gear properly, and was placed in front of the left-hand part of the driving of the victim C(52 Do) driving on the front road due to the negligence of not operating the brake and steering gear, which was under the influence of alcohol.

As a result, the Defendant driven the above cargo in a situation where normal driving is difficult due to influence of drinking, and suffered approximately two weeks of treatment to the victim C.

2. The Defendant violated the Road Traffic Act (drinking driving) driven a vehicle with approximately KRW 70 meters from the cafeteria parking lot in the 1,000 new and French 1,00 new and French 1,000 to the front road of the same new and new 1,00-dong 1, in a state of drinking alcohol concentration of 0.169% in blood at the same time and at the same place as above paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of the occurrence of a traffic accident, a traffic accident photograph, a internal investigation report (related to a diagnosis), a certificate of measurement of drinking;

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