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(영문) 서울중앙지방법원 2016.08.24 2016고단3380
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

The defendant is a person driving Ck5 motor vehicles on duty.

On April 4, 2016, the Defendant, while under the influence of alcohol content of 0.144% during blood transfusions on April 22:50, 2016, driven the two-lanes between five lanes in the direction of the city community center located in Gangnam-gu Seoul, Seoul, in the direction of the shooting distance of the city community center 1-dong, where the front roads of Gangnam-gu, Seoul, are located in the direction of the direction of the Jink Sick Sick.

In such cases, the defendant engaged in driving of a motor vehicle has a duty of care to reduce speed and accurately operate the steering direction and brake system, to drive a motor vehicle in a manner that well sees the right and the right and the right, and to refrain from driving a motor vehicle in a situation where normal driving is difficult due to drinking.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and went in the same way, and took part of the back part of the part of the victim E (n.e., 47 years old) driver’s fenz vehicle in the front of the Defendant’s vehicle, and due to the shock, the part of the back part of the victim G(47 years old) driver’s Haststop vehicle in the front of the said F vehicle, which was in the front of the said H vehicle, was driven again by the victim I (n.e., 29 years old) driving of the said H vehicle in the front of the said vehicle.

Ultimately, the Defendant, as seen above, by occupational negligence while driving a motor vehicle in a situation where normal driving is difficult due to drinking, inflicted injury on the victim E (the age of 47), such as climatic salt, etc. requiring a two-day medical treatment, and injury such as climatic salt, tension, etc. on the victim G (the age of 47) requiring a two-day medical treatment, and inflicted injury on the victim I (the age of 29), such as the escape of conical signboards requiring a three-day medical treatment on the part of the victim K (the age of 29) who was on the part of the above JWF car, and brought about climatic salt and tensions requiring a two-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E, G, I, and K;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

1. Each written diagnosis shall be governed by statutes.

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