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(영문) 서울남부지방법원 2013.07.24 2013고단1216

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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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

1. A person who is engaged in driving a truck of 21 ton in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

On April 10, 2013, the Defendant driven the above vehicle while under the influence of alcohol of 0.189% of blood alcohol concentration on April 21, 2013, and proceeded at a speed of about 30 km in the direction of new IC in the direction of new IC in the direction of new eropic, Yangcheon-gu, Seoul, along one-lane between two-lanes.

A person engaged in driving a motor vehicle has a duty of care to live well on the front door and secure a safety distance to prevent accidents in advance.

Nevertheless, the Defendant neglected this and neglected the face to drive in a state of difficulty due to influence of drinking, such as an incomplete red, incomplete, and an incomplete tag, and caused injury to the victim, such as “the extreme spawn spawn spawn spawn spawn spawn spawn spawn swn swn swn swn swn swn swn swn swn swn swn swn swn swn swn swn swn swn for about three weeks.”

2. Around 21:10 on April 10, 2013, the Defendant was driving a B1 ton truck under the influence of alcohol with a blood alcohol concentration of 0.189% from the 5km section from the 88-2nd road to the 88-2nd road of Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, to the date and place specified in paragraphs (1).

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident;

1. A written statement of the victim;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes to the written diagnosis of victims;

1. The applicable Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and the choice of imprisonment with prison labor, respectively;

1. The Criminal Act among concurrent crimes.