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(영문) 서울동부지방법원 2013.03.27 2013고단326

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 13, 2009, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Changwon District Court on July 13, 2009, and on October 6, 201, the same court was sentenced to a suspended sentence of six months of imprisonment for a violation of the Road Traffic Act (driving) and was sentenced to a suspended sentence on October 14, 201 and the said judgment became final and conclusive on October 14, 201.

The defendant is a person who is engaged in driving a CM7 car.

On January 8, 2013, the Defendant driven the said car while under the influence of 02:5% on 02:105% on 0.105, and driving the said car on the third line road of 252-26 ahead of the Gwangjin-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City), at a non-speed speed depending on one-lane from the long-distance distance protection from the long-term distance protection area of the Gu road. However, the Defendant shocked the front part of the vehicle driven by the E-si, which was driven by the victim D (the age of 40) due to the negligence committed by the Defendant due to the influence of alcohol, to carry out an illegal internship while it is difficult to drive the vehicle normally.

In the end, the Defendant, who was a drunk driver twice or more, drives a motor vehicle under the influence of alcohol again, and was injured by the victim D and the victim F of the said taxi (the 26-year old-age-old passenger) for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement regarding D;

1. Each statement of D and F;

1. A traffic accident report, photographs related to the traffic accident, and the driver's license report;

1. Each written diagnosis;

1. Inquiries about criminal records, etc. and criminal investigation reports, and the application of statutes;

1. Article applicable to criminal facts;

(a) Injury caused by dangerous driving: Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes;

(b) Occupation of drinking: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act;

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