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(영문) 서울서부지방법원 2017.01.19 2016고단3644
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

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. The Defendant is a person who is engaged in driving a rocketing car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On November 4, 2016, the Defendant driven the said vehicle under the influence of alcohol level of 0.192% among blood transfusion around 17:40, while driving the said vehicle at a speed of 0.192%, the Defendant driven the said vehicle at a speed of about 20 km per hour depending on three-lanes from the red scarbing slope to the red scarke-ro 353 internal circulation roads in Seodaemun-gu Seoul, Seodaemun-gu, Seoul.

In this case, the driver of the vehicle has a duty of care to make it possible for the driver of the vehicle to live well on the front side and the left side of the vehicle and to accurately manipulate the steering and brakes to prevent the accident due to the failure of the accident.

Nevertheless, the Defendant was negligent in driving under the circumstances where it is difficult for the Defendant to drive under normal conditions while driving, and the Defendant was negligent in driving the Defendant D(47 tax) with a temporary stop in order to get off to the red brakes.

Ek7 The back part of the vehicle was received from the front part of the vehicle that the defendant drives.

As a result, the Defendant suffered injury such as salt, tension, etc. of the clife that requires medical treatment for about two weeks to the victim due to the influence of alcohol in a situation where normal driving is difficult.

2. On March 21, 2014, the Defendant was sentenced to a fine of five million won for a violation of the Road Traffic Act (drinking driving) at the Seoul Western District Court on March 21, 2014; a fine of two million won for the same crime at the Incheon District Court on August 10, 2010; and a fine of two million won for the same crime at the Incheon District Court on August 10, 2010; and a suspended sentence of eight months for the same crime at the Seoul District Court on July 7, 2006

The Defendant driven an Ek7 car while under the influence of alcohol level of 0.192% at the date, time, place, and place of paragraph 1.

Summary of Evidence

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