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(영문) 서울서부지방법원 2015.09.15 2015고단1792
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a motor vehicle with B-to-pubed motor vehicle, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) and the Road Traffic Act

On June 22, 2015, the Defendant driven the said car without obtaining a driver's license at around 00:15, and turned the three-lanes of the three-lanes in front of Gangdong-gu Seoul Metropolitan Government into the direction of the shooting distance south of the Gwangjin-gu.

At the time, the vehicle was stopped at night, so in such a case, the driver of the vehicle has a duty of care to check the safety of the course by checking well the front left, and to drive the vehicle, in particular, the driver of the vehicle has a duty of care to not drive the vehicle while it is difficult to drive the vehicle normally due to drinking.

Nevertheless, the Defendant: (a) caused the injury of the victim D(54 years old) who stops in order for passengers to board the vehicle on the same lane as that of the motor vehicle driven by the victim D(54 years old) at the time when she was driven by drinking while she was under the influence of alcohol due to the breath of alcohol, such as drinking and smelling; and (b) caused the victim to undergo approximately two-hour medical treatment by driving the motor vehicle on the front part of the motor vehicle driven by the Defendant.

2. Around 22:27 June 2, 2015, the Defendant was required to comply with a drinking test by inserting the alcohol measuring instrument into the emergency room in Gangdong-gu Seoul, Gangdong-gu, Seoul, for a considerable reason to deem that the Defendant was under the influence of alcohol, such as drinking in the Defendant’s entrance while checking the circumstances of the accident at the emergency room in the 150-sex heart hospital, and she was under the influence of alcohol, and the face was sprinked by red-lighting, etc., from the slopeF belonging to the Seoul Gangseo-dong Police Station in charge of traffic survey at around 40 minutes (round 1:57, 2:07, around 2:07, around 3:02:17, around 4:2:17, and around 02:27, around 4:27).

Nevertheless, it is not possible.

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