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(영문) 서울서부지방법원 2016.08.18 2016고단1545
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

1. Violation of the Act on the Aggravated Punishment of Specific Crimes (Death and Injury caused before the risk) by the Defendant is a person engaged in driving a coo vehicle in C.

On March 27, 2016, the Defendant driven the above car volume on March 03:25, 2016, while under the influence of alcohol content 0.191% in blood, the Defendant driven the two-lane road in front of Mapo-gu Seoul Metropolitan Government on a one-lane speed in the direction of a red lucent distance distance from the front side of the Hong-ri University University.

At the time, there are many vehicles that are parked and stopped on the two-lanes, so a person engaged in driving service has a duty of care to see well the right and the right and the right and the right and the right and the right and the right and the right and the right and to accurately manipulate the steering direction and the brake system and to reduce speed and safely proceed according to the traffic situation.

Nevertheless, the Defendant, while under the influence of alcohol, did not neglect the operation of the steering gear and did not accurately operate the steering gear, caused the collision between the back part of the E F Atop car volume parked in the front part of the Defendant’s vehicle volume, and the F App car volume in the front part of the E E, which led to a collision between the rear part of the H-learning vehicle of G, and caused the collision between the victim I’s J-ray vehicle and the rear part of the H-learning vehicle, while the H-learning vehicle is pushed ahead of the front part, and the victim’s J-ray car volume conflict with the rear part of the passenger vehicle volume while keeping the victim’s J-ray vehicle volume into the front part.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence during the two-day period of medical treatment.

2. Around March 27, 2016, the Defendant driven a coo vehicle in C with approximately KRW 1 k-m alcohol content 0.191% under the influence of alcohol while under the influence of alcohol on the alley at the Hong-k National University located in Mapo-gu Seoul, Mapo-gu, Seoul to the front road in Seoul Mapo-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

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