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(영문) 서울북부지방법원 2016.02.02 2015고단4456

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 24, 2015, the Defendant was under the influence of a violation of the Road Traffic Act (unlicensed driving) and the Road Traffic Act (drinking driving) on the blood alcohol level of 0.137% without a driver’s license on November 24, 2015, the Defendant driven Cran XG car at approximately 800 meters from the front of the Gongung-dong General Social Welfare Center located in Seoul Special Metropolitan City, Nowon-gu to the front road of the apartment building B apartment building in Seoul Special Metropolitan City, Nowon-gu.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) (the Defendant is a person engaged in driving the Crane XG car.

On November 24, 2015, the Defendant driven the above car at around 16:15, and led the front road of the Seoul Special Metropolitan City Nowon-gu apartment commercial building B to run the two-lanes between the four-lanes in front of the apartment commercial building in the air direction in the air direction.

In this case, the defendant engaged in driving of a motor vehicle has a duty of care to properly manipulate the right and the right and the right and the right and the right and the right and the right and duty of care to prevent the accident.

Nevertheless, due to negligence in a situation where normal driving is difficult due to influence of drinking, the Defendant sustained injury, such as d, do, 38 years old, following the Efexton car in the front part of the Defendant’s driving vehicle, resulting in the injury of the victim, such as light d, fat, tension, etc., requiring approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of traffic accidents;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and a report on the detection of a primary driver;

1. A medical certificate;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to investigation reports (investigation into the application of the aforementioned dmark formula in the numerical value of drinking measurement);

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) 2 and Article 44 (1) of the Road Traffic Act (a point of drinking), and Article 152 subparagraph 1 of the Road Traffic Act concerning the crime.