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(영문) 서울중앙지방법원 2016.06.22 2015고단3145

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for one year.

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 rocketing car.

On March 15, 2015, the Defendant was driving the said car with a alcohol content of 0.13% at around 06:15, and was making a left-hand turn to the left-hand turn. In such a case, a person engaged in driving a vehicle shall thoroughly operate the steering system and brake system of the vehicle through a thorough operation of the steering system of the vehicle and the steering system of the vehicle in a manner that it is difficult to drive the vehicle under the influence of alcohol, and shall not drive the vehicle while normal driving is difficult due to the influence of alcohol.

Nevertheless, as above, Defendant 1 was faced with the left side of the victim D (43 knee, knee) who was walking at a place where it is difficult to drive a vehicle due to the influence of alcohol and left-hand turn, and suffered injury, such as the victim’s knee fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe

2. The Defendant 1 driven the above rocketing car without a driver’s license in the state of alcohol alcohol concentration of about 0.13% from the 3K section from the day border as described in the above 1-mentioned paragraph, and from the 3K section from the 8-dong, Gwanak-gu, Seoul Special Metropolitan City, to the front road.

Summary of Evidence

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

1. Written statements of D;

1. A traffic accident report;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger (suspect A);

1. A report on investigation (STV accident verification);

1. Application of Acts and subordinate statutes of a medical certificate;

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by dangerous driving), Articles 148-2(2)2 and 44(1) of the Road Traffic Act concerning the crime, and the Road Traffic Act.