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(영문) 서울남부지방법원 2018.04.05 2018고단691
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 6, 2018, the Defendant driven a DNA SM5 passenger vehicle under the influence of alcohol content of about 0.158% from the 4km section from the date of the second apartment to the front road located in the same Gu, the Guro-gu Seoul Metropolitan Government ro 67-lane 23, and from the date of the second apartment, the Defendant driven a DNA SM5 passenger vehicle under the influence of alcohol content of about 0.158% from the blood content to the front road located in the same Gu.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from hazardous driving) driven a DSS5 vehicle with alcohol concentration of 0.158% under the influence of alcohol around 23:55 on February 6, 2018, and led the C ahead of the road located in Guro-gu Seoul Metropolitan Government to go through a brupted side from the brupted side.

In the same direction as at the time, the victim E(31) is followed by the F rocketing vehicle used in the same direction, so a person engaged in driving of a motor vehicle is prohibited from driving a motor vehicle while normal driving is difficult due to influence of alcohol, and a person engaged in driving of a motor vehicle has a duty of care to ensure the safe distance to avoid when a motor vehicle stops well and to prevent accidents in advance by securing a safe distance to avoid accidents.

Nevertheless, under the influence of alcohol, the Defendant discovered that the rocketing vehicle stops at the same time without a safe distance without a well-breading of the front and without a safe distance, followed by the part of the vehicle in front of the vehicle in front of the vehicle in front of the Defendant’s operation for the SM5 passenger, shocking the part of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front, and shocking into the part of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front with the shocking of the vehicle in front of the vehicle in front.

As a result, the Defendant driving a MF5 car in a state where normal driving is difficult due to influence of drinking, and suffered from the victim E the injuries such as salt, tensions, etc. in a state where approximately two weeks of treatment is required for the victim E, and the victim G suffered approximately two weeks of treatment.

(i) the evidence;

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