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(영문) 서울남부지방법원 2016.09.27 2016고단2582

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

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

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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or injury caused before the risk) is a person who is engaged in driving a motor vehicle B with the highest other car.

On May 1, 2016, the Defendant driven the above car at around 07:00, and driven the two-lane road in front of Gangseo-gu Seoul Metropolitan Government C in the direction of the new fire prevention shooting distance from the fire prevention shooting distance.

In this case, there was a duty of care to safely drive a person engaged in driving of a motor vehicle by thoroughly performing the duty of care.

Nevertheless, the Defendant, while driving under the influence of alcohol concentration 0.229% while under the influence of alcohol while driving a taxi in a normal condition that is difficult to drive due to the influence of alcohol while under the influence of alcohol, caused the victim D (65 tax) who was stopped for the getting off of taxi passengers on the two-lane due to the negligence, and caused the panion part behind the Ebasi that was driven by the Defendant to the front part of the Defendant’s car.

As a result, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of approximately three weeks of medical treatment due to the above occupational negligence.

2. Around 07:00 on May 1, 201, the Defendant driven a motor vehicle with a alcohol content of at least 0.229% in blood from the 7km section from the road near the village of Gangseo-gu Seoul Metropolitan Government to the front road of Gangseo-gu Seoul Gangseo-gu Seoul, while under the influence of alcohol without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. A survey report, on-site photographs, and black stuff images;

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

1. A medical certificate;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (a point of causing bodily injury to a dangerous driving), Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act (a point of driving under influence of alcohol), and Article 152 of the same Act concerning the crime.