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(영문) 서울북부지방법원 2015.09.15 2015고단2324
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. On June 10, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was driving a three-laned road in front of the Bac-gu Seoul Metropolitan Government Public Notice Hostel, while under the influence of alcohol of 0.170% by blood alcohol concentration, and driving a C Soca car at the speed of about 20 km from the edge of drinking basin along one lane.

In front of the defendant's running direction at the time, the E SP car driven by the victim D (the age of 52) was stopped for the waiting for the signal, so there was a duty of care to ensure safety distance that can be avoided by the driver of the vehicle, and to ensure the safety of the course and to ensure the right and the right of the vehicle, and to prevent the accident in advance by checking and driving the safety of the course.

Nevertheless, under the influence of alcohol, the Defendant failed to properly operate the operation system while under the influence of alcohol, and was found to have been the front part of the car driven by the Defendant after driving the motor vehicle as it was due to negligence.

As a result, the Defendant, while driving a small-scale car in a situation where normal driving is difficult due to influence of drinking, suffered injury to the injured party D, such as climatic salt, which requires approximately 3 weeks of medical treatment, to the injured party F (the age of 44) who was driving the car, and to the injured party G (the age of 48) who was driving the said car, for about 2 weeks of medical treatment, and suffered injury to the injured party G(the age of 48) in need of medical treatment for about 2 weeks of medical treatment.

2. On the date and time set forth in Paragraph 1, the Defendant driven the above soft car while under the influence of alcohol of about 0.170% from the 1km section from the road on the Manung-dong, Seoul Special Metropolitan City, Nowon-gu, to the road before the above Baol.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D, F and G;

1. The report (1) (2) on traffic accidents (the actual survey report);

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