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(영문) 서울동부지방법원 2016.08.24 2016고단1787
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 is a person who is engaged in driving a vehicle BM3 in accordance with the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury prior to the risk).

On May 13, 2016, the Defendant driven the said car under the influence of alcohol level of 0.159% among blood transfusions on May 13, 2016, and the Defendant driven the said car at a speed of 0.159%, and the gold-dong 4, Seongdong-gu Seoul Metropolitan Government, heading the three-lanes in front of the gold market of 294, from the heading Dong-dong to the heading-dong of the gold market at a speed of about 60km per hour along two lanes.

At the time, there are crosswalks where traffic signal apparatus is installed at night, and in this case, there was a duty of care to reduce the speed and prevent accidents by properly examining the right and the right and the right of the vehicle while securing the safety distance from the front.

Nevertheless, the defendant's negligence in the course of business, while neglecting such duty of care due to the influence of the above drinking, caused the defendant's vehicle's front part of the driver's vehicle in front of the defendant's driver's vehicle, and the back part of the victim's vehicle C (42 years old) driving, which was stopped for the defendant's waiting in front of the driver's vehicle in front of the defendant's vehicle, was faced with the back part of the victim's vehicle in front of the driver's vehicle in front of the driver's vehicle in front of the driver's vehicle in front of the driver's vehicle in front of the vehicle in front of the driver's vehicle, and the above part was pushed with the driver's vehicle in front of the vehicle in front of the driver's vehicle in front of

As a result, while driving a motor vehicle under the influence of alcohol that is difficult to drive in a normal condition, the Defendant, by negligence in the above occupational negligence, inflicted injury on the victim C, such as cerebral sugar requiring approximately three weeks of medical treatment, injury on the victim F (PPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPP

2. Defendant 1 who violated the Traffic Act (drinking driving) at the time specified in the above paragraph 1. Seoul.

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