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(영문) 서울서부지방법원 2016.09.29 2016고단2034
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 10:00 on June 1, 2016, the Defendant driven a B B B B B B B B B Blue vehicle under the influence of alcohol concentration of about 10km from the front of the fluent road located in Yongsan-gu Seoul, Yongsan-gu, Seoul to the 16th roads in Mapo-ro, Mapo-gu, Seoul.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) is a person who is engaged in driving a B B B B B car.

The Defendant, while under the influence of alcohol level of 0.185% during the blood transfusion at the time of paragraph 1, driven the said car at a speed of 16-lane in Mapo-gu Seoul Metropolitan Government, and proceeded with the six-lane road of 16-lanes from the luxation intersection to the luxurside, at a speed of 6-lanes.

Since the rocketing taxi vehicle driven by the victim C(57 S) was stopped due to the vehicle string at the time, there was a duty of care to prevent the accident, such as the driver of the vehicle, and the driver of the vehicle, the driver of the vehicle had a duty of care to prevent the accident by properly manipulating and safely driving the steering gear, brakes, etc.

Nevertheless, even though it is difficult for the Defendant to drive the taxi normally under the influence of alcohol, the Defendant was in the front part of the Defendant’s driving vehicle by negligence without properly examining the front part and driving the taxi.

As a result, the defendant suffered from the injury of the victim, such as climatic salt, which requires approximately two weeks of medical treatment due to the negligence of driving a motor vehicle while normal driving is difficult due to the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of each traffic accident;

1. A traffic accident report and a report on the occurrence of a traffic accident;

1. Application of Acts and subordinate statutes to reports on the detection of drivers engaged in driving and the statement of the circumstances of drivers engaged in driving;

1. Specific crimes provided for in the corresponding provisions of the Act regarding criminal facts.

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