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(영문) 서울동부지방법원 2018.04.18 2018고단652

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by imprisonment with labor for six months, and the execution shall be suspended for one year from the date the judgment becomes final and conclusive.

(b) the defendant;

Reasons

Punishment of the crime

1. The Defendant is a person engaging in driving a rocketing car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving)

On February 4, 2018, the Defendant driven the said car under the influence of alcohol content of 0.103% among blood transfusions on February 4, 2018, and led to four-lanes under the bottom of 704 Drown-ro, Gwangjin-gu, Seoul Special Metropolitan City, along the direction of a mountain from Guri.

In this case, a driver of a motor vehicle has a duty of care to thoroughly drive the motor vehicle on the front side and safely drive the motor vehicle in order to prevent the accident by safely driving the motor vehicle.

Nevertheless, the victim C(61)'s driving of the victim C(61) driving in three-lanes of the same direction without neglecting it and driving it well, received the part on the right side of the driver's right side and the pentum as the left side of the driver's upper part of the said car.

Ultimately, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury, such as salt pans, tensions, etc., in need of approximately three weeks of treatment.

2. The Defendant violated the Road Traffic Act (drinking) driven a B rocketing car under the influence of alcohol with approximately 15km alcohol concentration of about 0.103% from the section of 15km to the road located north-ro 704, Gwangjin-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a survey report on actual condition, a report on detection of a primary driver, and a medical certificate;

1. Article 5-11 (Selection of Imprisonment) of the Act on the Aggravated Punishment, etc. of Specific Crimes (Selection of Imprisonment) under the same Act, Articles 148-22 and 44 (1) (Selection of Imprisonment) of the Road Traffic Act;

1. Articles 37 and 38 of the Criminal Act to increase concurrent crimes;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 62 (1) 2 times a fine and two times a fine);

1. Social services and other criminal laws 62-2;