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(영문) 서울남부지방법원 2013.12.27 2013고단4055

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

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

except that 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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving vehicles B;

On October 17, 2013, the Defendant driven the above vehicle while under the influence of alcohol of 0.22% of the blood alcohol concentration at around 21:10, and led to the two-lane flow of the 4-lane road in front of the Gangseo-gu Seoul Metropolitan Government Seogdong 893-1, the erogate of the erostic telephone station in Gangseo-gu, Gangseo-gu, Seoul, toward the direction of the erostic tunnel.

At night, there is a duty of care to reduce the speed for driving workers and to accurately operate the steering direction and operation system by taking into account the right and the right and the right and the right and the right of the people engaged in driving.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving a vehicle while driving the vehicle in a difficult condition to drive in a normal condition, and thereby, received the part behind the Defendant’s vehicle from the victim Ch-W-W-W-W-W-W-W-W-W-W-W-W-W-W-C

As a result, the Defendant suffered injury to the victim, such as gambling and tension, which requires approximately two weeks of treatment due to such occupational negligence.

2. On the same date and time as described in paragraph 1 of the Road Traffic Act, the Defendant driven a rocketing vehicle under the influence of alcohol content of about 0.22% at the 1km section from the roads near the New East Station of Yangcheon-gu Seoul Metropolitan Government to the said accident site.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report and a certificate of drinking measurement;

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

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

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

1. Discretionary mitigation of damage under Articles 53 and 55(1)3 of the Criminal Act is relatively short of damage.