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(영문) 서울중앙지방법원 2016.04.06 2016고단440
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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or injury caused before the risk) is a person who is engaged in driving a car with C highest typ.

On January 9, 2016, the Defendant driven the said car while under the influence of alcohol of 0.130% during blood, and driven the said car along two-lanes from the edge of the Jin apartment to the long distance of Gangnam, which is located in 382, Gangnam-gu Seoul, Gangnam-gu, Seoul, along with two-lanes in front of the shooting distance of the Jin apartment.

On the other hand, since there are many signal waiting vehicles, there were duty of care to drive safely, such as making the front left and right well, and accurately manipulating the brakes, etc.

Nevertheless, due to the negligence that the Defendant neglected to drive in a state where it is difficult to drive in a normal manner due to influence of drinking, the Defendant saw the rear gateer of the victim D(51) driven by the victim D(51) in the front two-lane, and the victim F(57) driven by the victim F.(57) waiting in the traffic signal at the first lane, and caused the shock that the victim D’s taxi was pushed ahead of the taxi, and the victim D’s taxi was pushed up with the rear gateer of the victim H(46 years old) driven by the victim H(46 years old) waiting in the traffic signal at the front of the said vehicle, and again, due to the shock, the victim H’s vehicle was pushed up in the front of the said vehicle and received the rear gateer of the victim J(29 years old) traveling by the victim J(29 years old) in the front of the said vehicle.

Ultimately, the Defendant caused the injury to the victim D, such as salt, tensions, etc., in light of the foregoing occupational negligence, which requires approximately two weeks of treatment to the victim D, the injury to the victim L, who is the passenger of the victim D’s vehicle (e.g., 46 years of age) who requires approximately two weeks of treatment; the injury to the victim F, such as base salt, tensions, etc.; the injury to the victim F, which requires approximately two weeks of treatment; and the victim M, who is the passenger of the victim F’s vehicle, requires approximately two weeks of treatment.

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