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(영문) 서울서부지방법원 2014.11.20 2014고단2485

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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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

1. Around 03:50 on July 29, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven a motor vehicle in the direction of about 40km in the direction of this village while under the influence of alcohol concentration of 0.227% on the 64-gil-ro, Yongsan-gu, Seoul, Yongsan-gu, Seoul.

Since there is a one-way traffic system, there was a duty of care to confirm the traffic safety signs prohibiting entry to a person engaged in driving of a motor vehicle and not enter the reverse direction on the one-way road according to such signs.

Nevertheless, under the influence of alcohol, the Defendant received the part on the left-hand side of the front-hander of the vehicle driving by the Defendant, which is driven by the victim D(Y, 51) who is driven by the victim D(Y, 51) due to the negligence that led to the reverse direction of the one-way traffic lane without checking the traffic safety signs under the influence of alcohol.

As a result, the Defendant, while driving a car in a state where normal driving is difficult due to influence of drinking, suffered injury, such as a multi-presidential divers, which requires approximately four weeks of medical treatment.

2. On the date and time set forth in paragraph 1, the Defendant driving a C-T-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. The actual condition of traffic accidents;

1. Photographs related to accidents;

1. Written response to the request for appraisal;

1. Application of Acts and subordinate statutes of a medical certificate;

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