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(영문) 서울북부지방법원 2017.01.12 2016고단4663

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a motor vehicle with sod motor vehicle B.

On August 14, 2016, the Defendant driven the above vehicle while under the influence of alcohol concentration of 0.235% in blood, such as a red, smelling 05:31 on August 14, 2016, while driving the vehicle under the influence of alcohol by 0.235% in the direction of 38 degrees in Seongbuk-gu Seoul, Seongbuk-gu, and driven the two-lane road ahead of the two-lane road along the direction of the direction of the direction of the U.S. at an elementary school from the direction of the direction.

At the same time, the victim C was working after setting up the cleaning vehicle in the two-lanes from the previous one, and therefore, the driver of the motor vehicle had a duty of care to prevent the accident in advance by properly operating the steering and brake system by properly seeing the front side.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving along the two-lanes to the two-lanes and was on the part of the victim's bridge with the front part of the said vehicle.

As a result, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to influence of drinking, and suffered injury such as high-speed dynaf for the right-hand care that requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A traffic accident report (on-site investigation report) and a written statement on the occurrence of a traffic accident;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

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

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The sentencing of Article 62(1) of the Criminal Act (the following factors are considered as favorable among the reasons for sentencing) is in line with the suspended sentence.