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(영문) 서울중앙지방법원 2015.03.20 2015고단724
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six 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

On June 28, 2013, the Defendant issued a summary order of a fine of KRW 5 million at the Seoul Eastern District Court for a violation of the Road Traffic Act (driving) and a fine of KRW 1.5 million at the Seoul Central District Court on September 11, 2009 and has a record of drinking driving more than twice.

1. The defendant is a person who is engaged in driving a Bchip motor vehicle;

On January 13, 2015, at around 00:32, the Defendant, while under the influence of alcohol of 0.152% in front of the subway male station located in the 216-ro, Dongjak-gu Seoul Metropolitan Government, the Defendant proceeded along the two-lanes from the side of the male station to the two-lanes.

At the time, vehicles were stopped in the signal atmosphere, so in such cases, there was a duty of care to prevent accidents in advance by safely driving the brakes by safely driving them, such as keeping the front door well, operating the brakes properly.

Nevertheless, due to the negligence that the Defendant was unable to properly operate the operation and steering gear under the influence of alcohol while neglecting this, the Defendant shocked the part of the DK5 taxi driving by the victim C, who was in the atmosphere of traffic at the two-lanes of the Defendant’s vehicle driving direction, with the front part of the Defendant’s vehicle driving.

Ultimately, the Defendant driven the said car in a state where normal driving is difficult due to the influence of drinking, and suffered injury to the victim, such as salt dump, tension, etc. of the horse in need of treatment for about two weeks.

2. On January 13, 2015, the Defendant violated the Road Traffic Act (Driving without a license) and the Road Traffic Act (driving without a license) on the following grounds: (a) around 00:10 on January 13, 2015, the Defendant is under the influence of alcohol by 0.152% without obtaining a driver’s license at a section of about 2km from the roads front of the mutual influence in Seoul, Gwanak-gu, Seoul Special Metropolitan City, to the roads indicated in paragraph (1).

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