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(영문) 서울서부지방법원 2016.07.19 2016고단1109

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a Grandroth.

On February 2, 2016, the Defendant driven the above van while under the influence of alcohol 0.189% during blood transfusion 20:05, and led to the roads of three lanes in front of the D hotel in Seodaemun-gu Seoul Metropolitan Government, Seomun-gu, Seoul, along the direction of the new hospital, red from the direction of the new hospital toward an intersection at a US speed.

At the time, there is a night and a place where the center line of the yellow-line is installed, so there was a duty of care to ensure that a person engaged in driving of a motor vehicle should thoroughly drive the motor vehicle in the front line and safely.

Nevertheless, under the influence of alcohol, the Defendant, while proceeding as it is while neglecting it, was found to be late behind the Ftop other camp which is driven by the victim E (46) at the front side of the said car, and then obstructed the central line by manipulating the hand-on hand to the left, but did not avoid it, due to the negligence of the Defendant’s son’s failure to avoid it, received the back part of the left-hand part of the car of the said T topag in front of the right-hand side of the Defendant’s son.

As a result, the Defendant driven the said car in a state where it is difficult to drive the car normally due to influence of drinking, and suffered injury to the victim, such as a climatic part, the climatic part, the right shoulder, the right slot, etc. in need of treatment for about three weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

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

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime (the point of causing harm to the driving of danger, the choice of imprisonment), and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of driving alcohol and the choice 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. Article 62(1) of the Criminal Act: