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(영문) 서울남부지방법원 2016.05.10 2016고단482
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. The Defendant, around December 24, 2015, driven a CYF rocketing car with alcohol content of 0.122% in front of Eunpyeong-gu Seoul and under the influence of alcohol on the roads in front of Eunpyeong-gu Seoul around 00:39 on December 24, 2015, and driven a CYF rocketing car in the state of alcohol concentration of 0.122% on the blood, and proceeded at an insular speed one way between the four-lanes in the direction of the HG and PG, in the direction of the HG Underground Road.

Since there is a private distance intersection where signal lights are installed, in such cases, the driver of the vehicle has a duty of care to properly manipulate the brake system and prevent the accident in advance if the vehicle stops on the front side while living well the front side.

Nevertheless, the Defendant neglected this and failed to properly operate the brake and steering gear under the influence of alcohol and failed to operate the steering system and steering gear in the front section of the victim D(26) driving in the front section, which was in the atmosphere of the signal, received as the front part of the left part of the Defendant’s vehicle.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and caused the victim D to suffer injury, such as salt, tension, etc. of the trend requiring approximately three weeks of medical treatment.

2. On December 24, 2015, the Defendant driving a CYF rocketing car under the influence of alcohol content of 0.122% from a restaurant with the trade name in the Eunpyeong-gu Seoul Newdong from around 00:0 to 00:39 on the same day, to a restaurant with the trade name in the Eunpyeong-gu Seoul Newdong from around 00:0 to the day of 0:39 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement on the occurrence of D traffic accidents;

1. A traffic accident report, a traffic accident occurrence report, and an on-site photograph of the traffic accident;

1. Reports on the detection of drivers at home, reports on the circumstances of drivers at home, and investigation reports (related to the formal application of the aforementioned dmark);

1. A medical certificate;

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