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(영문) 서울북부지방법원 2014.07.17 2014고단1086

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for one year.

However, 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

1. On March 22, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving) driven B K3 vehicle as his/her duties under the influence of alcohol of 0.126% on blood alcohol level on March 22, 2014, and continued to meet the two-lanes in front of the said K3 vehicle at the left side of the said K3 vehicle, depending on the two-lane 132-lanes from the ewing-ro, Dongdaemun-gu, Seoul, Dongdaemun-gu, Seoul, under the influence of alcohol level of 0.126%.

As a result, the Defendant driven the said K3 vehicle in a situation where normal driving is difficult due to the influence of alcohol, and caused the victim E to suffer injury such as climatic salt, etc. which requires a medical treatment for about three weeks, and caused the victim I (22 years of age) who was aboard the said taxi to the victim I (22 years of age) who was on board the said taxi to have no open room for approximately two weeks of medical treatment, such as a focused bovine spongiformiform encephalopathy, etc., and caused the victim G and the victim J (27 years of age) who was on board the said taxi driving by the said victim to suffer from the injury, such as climatic salt, etc. for about two weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (driving) driving the said K3 vehicle while under the influence of alcohol of about 2 km from the road located in Dongdaemun-gu in Seoul, Dongdaemun-gu to the road located in 119 to the road specified in the above paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E, I, G, and J;

1. The actual condition of traffic accidents;

1. The circumstantial statement of the employee;

1. Each written diagnosis;

1. Application of the Acts and subordinate statutes for reporting internal investigation;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of injury caused by dangerous driving) as to the crime under the corresponding provision of the Act, and Article 148-2 (2) 2 of the Road Traffic Act.