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(영문) 서울중앙지방법원 2016.06.22 2015고단2976
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

【Criminal Records of Crimes】 On January 3, 2008, the Defendant received a summary order of KRW 1 million from the Seoul Central District Court to a fine of KRW 2,00,000,000 due to a violation of Road Traffic Act, and on February 8, 2012, a fine of KRW 3,00,000 due to a violation of Road Traffic Act at the Seoul Northern District Court.

[Criminal Facts]

1. On April 6, 2015, the Defendant driven DES 50 occa under the influence of alcohol content of about 300 meters from the section of 300 meters, while under the influence of alcohol with about 0.164% of alcohol content, from the road front of the “sleep department store” located in 401, Gangnam-gu Seoul Special Metropolitan City, Gangnam-gu Seoul Special Metropolitan City, to the road front of the “sleep cosmetic 312” located in 401, Gangnam-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City.

Accordingly, the defendant, who violated the prohibition on drinking at least two times, was driving a motor vehicle under the influence of alcohol in violation of the above provision again.

2. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving DES 50 Obane.

On April 6, 2015, the Defendant, while under the influence of alcohol, as described in paragraph 1 of around 01:35, driven the above Oba, and continued to drive the above Oba in the direction of the Twn 312 road of Gangnam-gu Seoul Metropolitan Government, at approximately 40 km from the direction of the Twn 312 road, at the speed of Dosung elementary school at approximately 3 km.

Since the place is a road with a lot of traffic of vehicles, there was a duty of care to properly operate the brakes by properly manipulating the brakes while keeping the front door in the person engaged in the Otoba driving.

Nevertheless, the Defendant neglected to stop the vehicle due to negligence, thereby resulting in the injury to the victim, such as light dynas, which requires approximately two weeks of treatment, by taking the back strawer in front of the above dynas, which was driven by the victim E (58) who was under a stop.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of E traffic accidents;

1. A survey report on actual conditions;

1. Photographs of the accident vehicle and on-site photographs;

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