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(영문) 서울북부지방법원 2013.03.28 2013고단292

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for not less than eight 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

The defendant is a driver of a small passenger car in CD.

On January 13, 2013, the Defendant, while under the influence of alcohol of 0.143 percent of blood alcohol concentration at around 03:30, the Defendant changed the course to the right line along the two-lanes of the same line of the 354-lane 109-dong, Seoul Special Metropolitan City, Nowon-gu, along the two-lanes of the claim 109-dong, along the two-lanes of the two-lanes.

The defendant, who is a driver of a motor vehicle, has a duty of care to safely change the course by considering the traffic situation of the vehicle in which he/she intends to change the course.

Nevertheless, the Defendant neglected this influence due to the above influence of alcohol and went through two-lanes depending on the victim D (year 54) due to the negligence of changing the course as it was, the Defendant received the front part of the left part of the taxi for business use, which was driven by the victim D (year 54).

As a result, the defendant suffered injury to the victim of the victim of the victim's vehicle, the victim of the victim's fluoral finite, etc., which requires approximately 8 weeks of treatment, such as cutting off the right upper finite, crushing, etc., and the victim's G (the victim of 54 years of age) who suffered injury, such as finite finite, finite finite, finite finite, etc., which requires approximately 2 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written report from an employee of an employer;

1. Photographs of damaged vehicles and harming vehicles;

1. Application of Acts and subordinate statutes to each medical certificate and general medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed under the relevant Act on the Aggravated Punishment, etc. of Specific Crimes and Article 148 (2) 2 of the Road Traffic Act (a point of sound driving);

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes;

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. Order to attend lectures under the Criminal Act;