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(영문) 서울북부지방법원 2018.07.05 2018고단1879

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for four 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

The defendant is a driver of Cenz's car.

1. On April 23, 2018, the Defendant driven the above vehicle while under the influence of alcohol content of 0.123% among the blood transfusion around 20:10 on April 23, 2018, the Defendant driven the above vehicle at a speed of 0.123%, and the Defendant driven one lane between the three lanes in the direction of the government in the direction of the city in the efficiencies of the main road located in the 55-ro 138-ro, Seoul Special Metropolitan City, Nowon-gu.

At the time, the Defendant had a duty of care to stop driving of the vehicle and accurately manipulate the steering direction and brake system of the vehicle and prevent the accident in advance due to the influence of drinking.

Nevertheless, by negligence while under the influence of alcohol, the defendant et al. was led by the victim D(52) driving that was in operation following the defendant's running direction, and the front part of the passenger vehicle was led to the defendant's driving vehicle following the driver's vehicle.

Ultimately, the Defendant suffered injury to the victim D, such as salt, tensions, etc. in front of the light that requires approximately two weeks of treatment to the victim D due to such occupational negligence, and injury to the victim F (52 years of age) who is the passenger of the damaged vehicle, such as salt, tension, etc. in need of approximately two weeks of treatment.

2. The Defendant was under the influence of alcohol concentration of 0.123% during the day-to-day blood transfusion as set forth in the preceding paragraph, and was driving the vehicle from Seongdong-gu Seoul Seongdong-gu to the point of the said accident at approximately 11km.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of each traffic accident of D or F;

1. A survey report on actual conditions;

1. Statement on the circumstances of the driver who is to be placed in the main place, investigation report, the status of measurement of drinking, and report on the detection of the driver who is to be placed in the main place;

1. Each written diagnosis;

1. Application of the Acts and subordinate statutes on black stuffs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the crime;

1. Formal concurrence and punishment;