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(영문) 서울북부지방법원 2018.12.20 2018고단4339

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a motor vehicle with sod vehicle of C. C.

On September 28, 2018, the Defendant driven the said car under the influence of alcohol level of 0.114% among blood transfusion around 03:30 on September 28, 2018, and came to turn to the left at the shooting distance range raised from the king at the front of Dongdaemun-gu Seoul Metropolitan Government D.

In this case, a driver of a motor vehicle has a duty of care to prevent accidents by driving the motor vehicle, if there is another motor vehicle seeking to go straight or right-hand from the intersection when intending to turn to the left.

Nevertheless, the Defendant neglected this and proceeded as it is in difficult for the Defendant to drive the car in normal condition while driving the car at the right side from the left side of the Defendant’s running direction, and received the right side of the Fpoter vehicle of the victim E (76) driving, which was left right side from the Defendant’s driving direction.

Ultimately, the Defendant driving a motor vehicle in a state where normal driving is difficult due to the influence of alcohol, and suffered injury such as salt pans, tensions, etc. from the victim E, which requires a second-time medical treatment, and the Defendant suffered injury, such as a string of the chests that need to be treated for a period that cannot be known to the victim G (V, 66 years of age) who is the passenger of the said vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of each traffic accident in E and G;

1. A traffic accident report;

1. Statement on the circumstances of the driver who is a driver in charge, a report on the measurement of drinking alcohol and a report on the detection of the driver in charge;

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 and Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act and the choice of a sentence, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 of the Criminal Act: