beta
(영문) 서울북부지방법원 2016.10.13 2016고단2754

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for one year.

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

[criminal power] On January 21, 2014, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Seoul Southern District Court, and a summary order of KRW 5 million for the same crime at the Seoul Northern District Court on June 27, 2016, respectively.

【Criminal Facts】

On May 14, 2016, at around 03:20, the Defendant driven a road in front of the traffic information center of the Seongbuk-gu Seoul Seongbuk-ro 68 Seoul Seongbuk-gu Seoul Northern Police Station with a blood alcohol concentration of 0.146% and driven a motor vehicle at the entrance of Seongbuk-gu Office in a state where it is difficult to drive the motor vehicle normally, such as a string distance, while driving the motor vehicle at the seat of Seongbuk-gu Office in a state where it is difficult to drive the motor vehicle at a normal level, and driving the motor vehicle at the seat of Seongbuk-gu Office according to three-lanes between four laness. On the other hand, the Defendant followed the Fwork or other motor vehicle driven by the victim E (59 years old) who stops in the atmosphere signal at the second two-lane to the right-hand left-hand part of the motor vehicle driven by the Defendant.

As a result, the Defendant violated the provision on the prohibition of drunk driving twice or more times, and violated the said provision again, and was driving the said vehicle under the influence of alcohol which makes it difficult for the Defendant to drive normally, and suffered injury to the victim G (the age of 28) who was on board the said rocketing car for about two weeks in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A traffic accident report (1) actual condition investigation report;

1. Report on the statement of the status of a drinking driver, and the written report on the status of a drinking driver;

1. Each written diagnosis;

1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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