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(영문) 서울중앙지방법원 2016.10.27 2016노1151
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal is as follows: (a) the victim D was not injured due to a traffic accident as stated in the judgment of the court below; and (b) the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving; hereinafter “the injury caused by dangerous driving”) is not established; (c) the

2. Determination

A. The summary of the facts charged pertaining to the injury caused by dangerous driving is a person engaged in driving a unregistered crowdfunding vehicle.

On May 27, 2015, the Defendant, while driving a two-wheeled vehicle while under the influence of alcohol on May 23:54, 2015, was driving the two-wheeled vehicle and driving the front road in front of Gwanak-gu in Seoul Special Metropolitan City with a view to the shooting distance from the view view, the Defendant was driving again on the wind, where the vision of the two-wheeled vehicle is cut off.

At the time, the E-ice car driven by the victim D (year 31) was in a state of stopping and waiting for the passage of the said two-wheeled vehicle, and thus, the driver had a duty of care to prevent the accidents of the two-wheeled vehicle, such as the operation of the two-wheeled vehicle's starting, steering, and brakes accurately, and the operation of the two-wheeled vehicle's starting, steering, and brakes.

Nevertheless, the Defendant neglected his/her duty to drive normally due to the influence of alcohol, and neglected to coordinate the steering gear and the operation of the steering gear, which led to the Defendant’s failure to properly control the steering gear and the operation of the steering gear, and received the front wheel part of the victim’s car as the front wheel part.

Ultimately, the Defendant suffered injury to the above victim, such as salt, tension, etc., in need of approximately two weeks of medical treatment due to occupational negligence.

B. The lower court found the Defendant guilty of this part of the facts charged in light of the background and content of the written diagnosis adopted by the lower court as evidence.

(c).

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