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(영문) 서울중앙지방법원 2016.12.21 2016고단7981
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 16:20 on April 27, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driving a three-lane road in front of the 22-lane 117% of blood alcohol concentration, while under the influence of alcohol on the 16:16:20 of the Dongjak-gu Seoul Metropolitan Government Green Zone, and driving a B Eccoo motor vehicle on a two-lane in the direction of the Glim Park in the direction of the Glim Park.

In this case, there was a duty of care to prevent accidents in advance by properly manipulating the steering direction and brake system with a person engaged in driving a motor vehicle, as a vehicle under signal stops at the front door.

Nevertheless, under the influence of alcohol, the Defendant, by negligence of not operating the operating system properly under the influence of alcohol, was driven by the victim C (the age of 36) who was in the atmosphere of the signal at the front, and was driven by the Defendant, as the front part of the above Air-Indic Vehicle operated by the Defendant, the Defendant got the front part of the said Air-Indic Vehicle, which was driven by the victim E (the age of 27). The Defendant got the back part of the F-Indic-Indic Vehicle operated by the victim E (the age of 27).

As a result, the Defendant driven the said Ecoo vehicle in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the victim C by driving the said Ecoo vehicle for about two weeks, such as a scood salt, etc., and suffered injury, such as a scood salt, tension, etc., which requires approximately three weeks of treatment to the victim E.

2. Violation of the Road Traffic Act (Liju Driving) set forth in paragraph (1) of the same Article, the Defendant was driving a B Eicoo vehicle in the state of alcohol 0.117% of blood alcohol concentration at the section of approximately 1k from the vicinity of the Guro-gu Seoul Metropolitanro Digital Group to the front road of the Dongjak-gu Seoul Metropolitan Government Women's 22 U-S apartment to the Gibropo-ro.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement E and C;

1. The actual condition survey report;

1. A report on the actual state of the driver;

1. Each written diagnosis;

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