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(영문) 서울중앙지방법원 2016.03.09 2016고단29
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On April 3, 2009, the Defendant issued a summary order of a fine of two million won for a crime of violating the Road Traffic Act at the Seoul Western District Court on the same day, and on April 20, 2012, the Seoul Central District Court issued a summary order of five million won for a crime of violating the Road Traffic Act (driving) and a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk), two criminal records of the same kind in addition to the issuance of the summary order of a fine of five million won.

[Criminal facts]

1. On December 3, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) was drunk and 0.098% of alcohol level among the blood transfusion, so that the horses are subdivided into alcohol level, smelling, and smelling, and a little string distance is very red and walking, which makes it difficult for the Defendant to drive normally due to influence of drinking such as drinking, and driving a B-Ad motor vehicle in the state that it is difficult to drive normally, while driving a motor vehicle in the direction of the Seoul Gangnam-gu Seoul Metropolitan Government, along one lane of the alleyway of the runway of the front side of the Gangnam-gu Seoul Metropolitan Government C, and driving it into the sloping distance from the south side of the opposite intersection of the sexual traffic level along the one lane.

In such cases, a person engaged in driving of a motor vehicle shall accurately operate the steering system, brakes, and other devices of the motor vehicle, shall not drive the motor vehicle at a speed or in a manner that impedes and impedes others according to the traffic conditions of the road and the structure and performance of the motor vehicle, and has the duty of care to prevent accidents in advance by safely driving the motor vehicle, such as reporting the traffic situation at the front and rear end, accurately operating steering systems, brakes, etc.

Nevertheless, the Defendant was negligent and negligent in proceeding with neglecting this, and the part behind the left-hand part of the Ebomben vehicle driven by the victim D (33 ) which was stopped prior to this, was received as the front-hand part of the Defendant’s vehicle.

Ultimately, the Defendant suffered approximately two weeks of medical treatment from the victim due to the above occupational negligence.

2. The accused is in violation of the Traffic Act on Roads;

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