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(영문) 서울동부지방법원 2015.04.16 2015고단369
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six 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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaged in driving a cushion vehicle B.

On December 26, 2014, the Defendant driven the above car on December 16, 2016, and driven the front road of Songpa-gu Seoul Metropolitan Government C apartment 207, with a blood alcohol concentration of 0.211% under the influence of alcohol, and led to the running of the above apartment at a speed that cannot be seen from the 102-dong bank to the 207-dong bank.

In such cases, a road within an apartment complex has the duty of care to check whether a person engaged in driving of a motor vehicle is operating or parked on the frontline by reducing the speed and properly examining the front side of the motor vehicle, and to safely drive the motor vehicle in advance to prevent the accident by safely driving it, such as accurately manipulating the steering gear, brake system, etc.

Nevertheless, while neglecting this, the Defendant found the Karen car owned by the victim D, which was parked on the left-hand side due to negligence of neglecting the front-hand side while under influence of alcohol, and found it late behind the left-hand side of the Defendant’s car, and continued to have contacted the front-hand side of the damaged vehicle owned by the victim F, which was parked on the left-hand side, with the front-hand side of the victim’s GMW car owned by the victim F, which was parked on the left-hand side, and then got into the front-hand side of the Defendant’s car, the part on which the victim H(55 years old) was driven by the victim H(55 years old) who was parked on the front-hand side.

As a result, the Defendant, who was parked in the left-hand side by the victim JJ, continued to make the left-hand side of the KMW and continued to use the right-hand side of the Defendant’s L which was parked in the right-hand side of the passenger car, and received the part of the victim’s L which was parked in the right-hand side of the Defendant’s car, prior to the left-hand side of the MUS cruise car.

As a result, the Defendant is in a situation where normal driving is difficult due to influence of drinking.

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