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(영문) 서울서부지방법원 2013.06.20 2013고단559

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

1. The accused shall engage in driving service of a COperationa car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) and the Road Traffic Act;

On September 18, 2012, the Defendant driven the said car under the influence of alcohol of 0.139% on blood alcohol level 01:45, while driving the said car, and driving it toward the direction of the World Cup tunnel on the right side of the Gangseo-gu Seoul, Mapo-gu, along three-lanes of the World Cup Stak Stak Stak Stak Stak Stak-distance located in Mapo-gu, Seoul, for a five-lane, and the transition signal was changed to the yellow signal from the green signal to the yellow signal in a situation where normal driving was difficult under the influence of alcohol, but the transition signal was changed to the yellow signal from the green signal due to negligence in violation of the signal, thereby making the left turn turn in violation of the signal in the opposite direction of the running of the victim D (the age of 28) (the age of 28) driving vehicle, such as an injury, such as the opening of the cream frame requiring an open treatment for about 8 weeks, and suffered injury to the victim (the age of 24 years and the left side side).

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) operated an automobile with scarf which was not covered by mandatory insurance at the same time and at the same place as the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol prepared by the police as to D;

1. A traffic accident occurrence report;

1. A written report from an employee of an employer;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes on mandatory insurance;

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the selection of a punishment for the crime, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, Article 46 (2) of the Guarantee of Automobile Accident Compensation Act and Article 46 (2) of the Act on the Guarantee of Automobile Accident Compensation and the Selection of Imprisonment, respectively;

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

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