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(영문) 서울남부지방법원 2018.10.11 2018고단3802

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for one year.

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

[criminal history] On May 30, 201, the Defendant was issued a summary order of 2.5 million won for a violation of the Road Traffic Act at the Gunsan Branch of the Seoul Southern District Court on May 30, 201, and was issued a fine of 4 million won for a violation of the Road Traffic Act at the Seoul Southern District Court on April 13, 201, and filed a request for formal trial and pending trial at the Seoul Southern District Court.

[Criminal facts] On November 16, 2017, the Defendant was under the influence of alcohol level of 0.134% without a vehicle driver’s license, and thus, it is difficult to drive normally due to the influence of drinking. However, the Defendant was under the influence of alcohol. However, the Defendant was driving CKan car which was not covered by mandatory insurance on the road, and transferred the way front of the Seoul Gwanak-gu Seoul Special Metropolitan City D to the direction of the prevention of new contamination.

Under the influence of alcohol, the Defendant failed to properly operate the steering gear and failed to go to the left-hand side without properly operating the steering gear, and went to the left-hand side by the occupational negligence, which led to the Defendant’s operation of the road installed on the left-hand side of the running direction, while continuing to proceed beyond the center line, and was driven by the victim E (55) who was driving in the opposite lane beyond the center line, and received the front-hand part of the left-hand side of the said car by the front part of the said car.

The victim E suffered injury, such as cinal salt, which requires medical treatment for about one day, and the victim G and H suffered injury, such as cinal salt, which requires medical treatment for about three weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of E traffic accidents;

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. The driver's license ledger;

1. Reference to tea and mandatory insurance;

1. Scenic photographs by cutting off on-site photographs, black stuffs images, CDs, black stuffs images;

1. Each written diagnosis;