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(영문) 서울북부지방법원 2013.06.20 2013고단559

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

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 who is engaged in driving a car in a SP area.

At around 22:40 on December 22, 2012, the Defendant operated the said car under the influence of alcohol level of 0.145% in the direction of Changdong-dong 17, Changdong-dong, Dobong-gu, Seoul.

At the time, since it is a night and an intersection where a signal is installed, there was a duty of care to prevent traffic accidents by safely driving the driver in accordance with the signals such as signal.

Nevertheless, under the influence of alcohol, the Defendant got the front part of the vehicle operated by the Defendant, which was driven by the victim D(34 years of age) who was making a left-hand turn from the opposite direction due to the negligence of entering the intersection in violation of the new subparagraph, and was driven by the victim D(34 years of age).

Ultimately, the Defendant driving the said car in a state where it is difficult to drive the car normally due to influence of drinking, such as fluoring off the face with red body, and snowing, and causing injury to the victim F (F) of the victim who was on board the back of the damaged vehicle for about 2 weeks in need of a medical treatment for about 12 weeks, such as the fluoring of chills, tensions, tensions, etc. on the back of the damaged vehicle, and causing injury to the victim G (V, 6 years old) who was on board the back of the damaged vehicle for about 6 weeks in need of a medical treatment for about 12 weeks, and causing injury, such as the fluoring of the right fluor in need of medical treatment for about 12 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Each photograph;

1. Investigation reports;

1. Investigation report (Application of the Radmark);

1. Application of Acts and subordinate statutes of each written diagnosis;

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