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(영문) 서울남부지방법원 2018.09.11 2018고단3745

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, at around 04:45 on June 14, 2018, driven a alcohol level of 0.247% on alcohol level, which is difficult to drive normally due to the influence of alcohol, and proceeded at a speed of about 60 km to the speed of 30 km from the eropo-distance shooting distance of Gangseo-gu Seoul, the front side of Gangseo-gu Seoul through a eropo-ray from the eropo-distance shooting range to the ero-dong shooting distance. On the top of the convenience point, the Defendant neglected to perform the duty of eropo-clock and the duty of maintaining safety distance, and caused the victim D (e.g., 71 ) crossing the road on the front side by negligence in the course of business and by negligence, caused the victim to suffer injury, such as the above erobba, which requires hospitalization treatment for about 3 weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A traffic accident report;

1. Investigation report (report on the situation of the driver in charge) and report on the detection of the driver in charge;

1. Investigation report (verification of CCTV images around the accident scene);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of drinking), Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to dangerous driving), and each choice of imprisonment with prison labor;

1. Aggravation of concurrent crimes: former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the term of punishment aggregating the maximum term of punishment prescribed for each crime);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] General Traffic Accident No. 1 (Bodily Injury by Traffic Accidents) (4-1 year to 1 year) (special mitigation / drinking / drinking / In the case of driving a bicycle], the defendant's decision of sentence] driving a bicycle in a prolonged state with alcohol concentration exceeding 0.2% while blood alcohol level, the degree of injury suffered by the victim is serious (3 weeks only for hospital treatment period) (the two-wheeled automobile driving by the defendant).