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(영문) 서울서부지방법원 2016.05.31 2015고단3301
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On September 28, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) driven a motor vehicle with B low alcohol concentration of 0.212% in blood, while under the influence of alcohol at around 17:58 on September 28, 2015, the Defendant driven a motor vehicle with B low alcohol level of 0.212% in the influence of alcohol, and proceeded with the direction of the one lane out of the two lanes ahead of the two lanes in the direction of the mountain direction in the Sinpo-dong.

At the time, the Defendant was driving a prior vehicle, and in such a case, the Defendant had a duty of care to safely operate the vehicle with the prior vehicle and prevent the accident by accurately operating the steering gear and the steering gear.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in proceeding as it was, and the Defendant was driven by the victim C with a view to changing the lane from the bend to the reduction of lane, and then received the part of the driver in front of the Defendant’s low-speed vehicle.

The Defendant, by such occupational negligence, inflicted injury on the victim C such as salt, tensions, etc. in need of approximately two weeks of treatment, and inflicted injury on the victim E, such as salt, tensions, etc. in need of approximately two weeks of treatment, and suffered injury on the victim F in need of approximately two weeks of treatment.

As a result, the defendant was driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing the injury of people.

2. Violation of the Road Traffic Act (Drinking) and the violation of the Road Traffic Act (Dless Driving) were driven by the Defendant without obtaining a driver’s license from around 5km in the section of approximately 5km from the front of the Mapo-gu, Incheon Sinpo-dong to the 5-61nd road of Sinpo-dong, Sinpo-dong, Sinpo-si, Sinpo-si, in a state of under the influence of alcohol level of 0.212% (the prosecution prosecutor is the Busan District Court on July 16, 2010).

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