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(영문) 서울중앙지방법원 2016.05.11 2016고단1065
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

On February 3, 2016, the Defendant driven CK3 car while under the influence of alcohol level of 0.218% among blood transfusions on February 3, 2016, and led CK3 car to proceed by moving the alternate station distance in the Seocho-gu Seoul Metropolitan Government, Seocho-gu, to the south bank from the south side of the lower bank.

At all times, there are vehicles running directly from the intersection of the west through the intersection to the intersection of the south of the west, so the defendant who drives a motor vehicle has a duty of care to safely drive the motor vehicle after checking whether there is a direct vehicle while stopping or driving the motor vehicle before the right of way.

Nevertheless, the Defendant neglected to do so and did not properly check whether there is a direct driving vehicle under the influence of alcohol without properly checking whether there is a direct driving vehicle due to the influence of alcohol, and the victim D (54 ) who was driven by the second two-lanes in the direction of Gangnam-gu in the direction of Gangnam-gu in the front side of the Defendant’s vehicle, and the victim F (62 ) who continued to drive the G K5-si in accordance with the first direction of the same direction, conflict with the front side of the right side of the Defendant’s vehicle.

As a result, the Defendant suffered injury to the victim D in light of the following: (a) by negligence in the course of business as seen above; (b) the victim F, the victim F, who suffered injury, such as the 10-day pressure pressure pressure at approximately 10 weeks of treatment; and (c) the victim F, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of a traffic accident prepared by D;

1. A traffic accident report;

1. A report on the circumstances of the driver involved in the driving and a report on the detection of the driver involved in the driving;

1. On-site photographs;

1. Investigation report (the application of the above dmark);

1. A report on investigation (verification of the direction of investigation);

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury or injury caused by the driving of each danger) and the Road Traffic Act concerning the crime.

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