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(영문) 서울동부지방법원 2018.01.24 2017고단3138

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be sentenced to one year of imprisonment, and the execution shall be suspended for a period of two years from the date the judgment becomes final and conclusive.

(b) the defendant;

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) is a person engaging in driving a passenger car Benz C220.

On August 7, 2017, the Defendant driven the said vehicle at a speed of 0.170% under the influence of alcohol concentration among blood transfusions on August 7, 2017, and led the said vehicle to drive at a speed below the three-lane road in front of Gwangjin-gu Seoul Special Metropolitan City, along one lane.

The Defendant, under the influence of alcohol, did not neglect the duty of care to safely operate the vehicle and did not reduce the speed, but did not meet the back of the Victim D (48 Do) E-city bus driving in the same direction two-lanes, which was proceeding on the same direction, with the front part of the said vehicle.

Ultimately, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to influence of drinking, and suffered injury, such as the victim F (30) who is the passenger, the victim F (30), the victim G (48 years old), the victim H (24 years old), and the victim I (37 years old) who is the passenger of the above benz vehicle, for about two weeks of medical treatment.

2. Defendant 1 driven a ben C220 vehicle while under the influence of alcohol content of about 0.170% in the 300-meter section from the roads in the Dong in Gwangjin-gu Seoul Special Metropolitan City to the front of Gwangjin-gu Seoul Special Metropolitan City at the time of the day specified in the above paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to a report on detection of drivers;

1. Penalty provision - Article 5-11 (Bodily Injury) of the Act on the Aggravated Punishment, etc. of Specific Crimes - Article 148-22 (2) 2 and Article 44 (1) of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (a person who is injured by each injury and who is punished as a crime against the victim G with the largest punishment);

1. Imprisonment with prison labor for choice of punishment;

1. Article 62 (1) of the Criminal Act;

1. Social services and other criminal laws 62-2;