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(영문) 서울북부지방법원 2016.05.26 2016고단667

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above sentence shall be suspended for three years 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 small-scale car B.

On January 17, 2016, the Defendant: (a) around 18:15, without obtaining a driver’s license for a motor vehicle on January 17, 2016; (b) despite the risk of being unable to drive a motor vehicle normally under the influence of alcohol content of 0.181%, the Defendant was driving the said motor vehicle and parked in front of the Seoul Southern-gu Seoul Metropolitan Government

Inasmuch as there are a narrow road of the first lane, and there are many vehicles illegally parked on both sides of the road, a person engaged in driving a motor vehicle has a duty of care to accurately operate the steering and steering devices according to the structure and performance of the motor vehicle by viewing the steering side and the right and the right and the right and the right and the right of the motor vehicle. However, the defendant was driven by the victim D (47 years old) who was directly driven by the negligence that the defendant was under the influence of alcohol without putting the front on the part of the motor vehicle.

E There was a conflict between the front part of the Ethtoba and the front part of the car driven by the person who is the victim.

As a result, the defendant suffered from the negligence of driving a motor vehicle under the influence of alcohol, such as pressure pressure in a specific frame that requires approximately seven weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of F and D;

1. A survey report on actual conditions;

1. A medical certificate;

1. Application of the statutes governing the ledger of driver's licenses, reports on detection of primary drivers, and records of measurement;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2, Article 44 (1), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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. The scope of recommendation and the criteria for suspension of execution according to the sentencing guidelines for traffic crimes with reason of sentencing under Article 62(1) of the Criminal Act, there are circumstances that can be taken into account in the situation of driving of this case, and the defendant's agreement with the victim that the injured person does not want the punishment of the defendant.