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(영문) 서울중앙지방법원 2016.09.21 2016고단3697
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

[criminal history] On November 4, 2013, the Defendant was issued a summary order that imposes a fine of two million won for a crime of violating the Road Traffic Act (drinking driving) at the Dong District Court in Seoul, and on July 11, 2014, the Seoul Eastern District Court issued a summary order that imposes a fine of five million won for a crime of violating the Road Traffic Act (drinking driving).

[Criminal facts]

1. Around April 3, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused by death) and a violation of the Road Traffic Act (non-licenseed driving) without a driver’s license, driving a blance car while under the influence of alcohol leveling 0.114% during blood transfusion on April 3, 2016, and driving the blance car with the front of the D pharmacy located in Seoul Jung-gu Seoul Special Metropolitan City as the head of the gymnasium.

In such cases, the defendant who drives a motor vehicle has a duty of care to drive the motor vehicle in a state where normal driving is difficult due to drinking, and also has a duty of care to drive the motor vehicle safely by accurately operating the front side and the left side and the left side and the steering system, and maintaining the safety distance.

Nevertheless, under the influence of alcohol, the Defendant, while driving a vehicle at the front side of the same lane by negligence without examining the front side of the vehicle in front of the same lane, shocked into the front part of the Defendant’s vehicle in front of the damaged vehicle, and led the Defendant to shock into the rear part of the H Lasta car operated by the victim G operating in the signal atmosphere while the above damaged vehicle is pushed forward in the future.

Ultimately, the Defendant suffered from the injury of the victim E and the victim I, a partner of the car in the car in the car in question, respectively, for about three weeks of medical treatment. The Defendant suffered from the injury of the victim G, such as the fluoral fluoral base and tension in the treatment days.

2. On April 3, 2016, the Defendant is under the influence of alcohol by 0.114% during the blood transfusion on April 22, 2016.

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