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(영문) 서울서부지방법원 2016.08.23 2016고단1700

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. Around May 11, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) driving a BYF rocketing car under the influence of alcohol concentration of 0.117% on the north-ro 190 internal circular roads of the Mapo-gu Seoul Metropolitan Government World Cup on the blood, and driving it at a speed that is impossible to identify three-lanes depending on the lusium level from the lusium to the lusium level.

There was a duty of care for those engaged in driving service to properly see the front door and operate the brakes accurately and safely.

Nevertheless, the Defendant, while under the influence of alcohol, was driving a scam while driving, and was driving a scam in the same lane at the same lane due to the negligence of not keeping the scam in the front of the road. The Defendant followed the victim’s new EF Laol car and was driving a scam in front of the Defendant’s car.

As a result, the Defendant driven a car in a situation where normal driving is difficult due to influence of drinking, such as making a redlight belt on the inside of the inside of the influence of drinking, and the Defendant suffered approximately two weeks of light salt, tension, etc. from the above victim.

2. On May 11, 2016, the Defendant driven BYF rocketing car under the influence of alcohol concentration of approximately 0.117% in the section of about 25km from May 11, 2016 to around 23:30 of the same day from the roads near the Kugdong-si Sim-si, Seoul, to the roads 190 front roads.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident investigation report, a report on the detection of a driver involved in the primary driving, and a statement on the circumstances of the driver involved in the primary driving;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing vehicle photographs;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Act (the following sentencing) provides for suspension of execution.