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(영문) 서울동부지방법원 2016.10.20 2016고단2703
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 22:30 on June 1, 2016, the Defendant driven a car with low alcohol alcohol level of 0.221% under the influence of alcohol from the roads in the address of Songpa-gu Seoul (Seoul) to the roads in front of the same Gu.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person who is engaged in driving a car with C highest driver.

The defendant, while under the influence of alcohol as stated in paragraph (1), was driving a motor vehicle with the highest level of alcohol, and was driving a four-lane road in front of Songpa-gu Seoul Metropolitan Government along one-lane from the distance of the sports complex to the Asian player village apartment.

Since the night and the previous vehicles are stopped in accordance with the signals at the time, there was a duty of care to thoroughly see the front and the front time and maintain the safety distance with the vehicle in front and operate.

Nevertheless, the Defendant, while under the influence of alcohol, was under the influence of alcohol, driven along the same lane as the previous lane due to the negligence of driving without the speed without the speed, while driving in the same lane without the speed, and was under the influence of the victim D(39 years of age) who was at the same time stopped pursuant to the new subparagraph. The lower part of the passenger car was under the front part of the Defendant’s driver car.

As a result, the Defendant, while driving a motor vehicle under the influence of alcohol that is difficult to drive normally, suffered injury such as dump dume of a trend that needs to be treated for about a week, such as the victim F (V, 45 years old), and the victim G (V, 57 years old), respectively, for about two weeks in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made by the police against D or F;

1. G statements;

1. A traffic accident report, and a report on detection of a host driver;

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