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(영문) 서울남부지방법원 2017.11.09 2017고단4104

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

The Defendant is a person engaging in driving a rocketing car.

On August 1, 2017, the Defendant driven the said car under the influence of alcohol concentration of 0.248% during blood transfusions on August 22:5, 2017, while normal driving is difficult, and led to a road of 1-lane 10,00,00,00 in front of the entrance of the Gangseo-gu Seoul Metropolitan Government Gangseo-gu Gangseo-gu, Gangseo-gu, to the speed of about 20 km per hour from the intersection at the entrance of a valley, at the speed of 18-lane 10,000,000.

At the time, the victim C(25 years old) was set up on the side of the front side of the road, and thus, the driver of the vehicle had a duty of care to reduce the speed and properly operate the operation of the vehicle, and to operate the operation of the system and the steering gear accurately.

Nevertheless, under the influence of alcohol, the Defendant got the victim's left-hand side part of the victim's vehicle to go beyond the front right-hand part of the passenger vehicle of the defendant, and caused the victim to shock the side of the victim, etc. who sited on the back pents.

As a result, the Defendant suffered injury to the victim, such as salt pans, tensions, etc., which requires approximately two weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on actual conditions;

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

1. A medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes against the crime under the relevant Act, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, and the choice of imprisonment for each sentence;

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 on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommended punishment] is the area of mitigation (one month to eight months).