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(영문) 서울서부지방법원 2014.03.27 2014고단10

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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

On August 6, 2008, the Defendant received a summary order of KRW 1.5 million from the Seoul Central District Court to a fine of KRW 1.5 million and a fine of KRW 3.5 million to the same offense at the Suwon District Court on September 12, 2013.

On November 29, 2013, the Defendant, while under the influence of alcohol of 05:00, the blood alcohol level of 0.169%, driven a motor vehicle of Switzerland without obtaining a driver’s license. On November 29, 2013, the Defendant driven a vehicle of Switzerland at a speed of about 50 km per hour depending on one lane between the three-lane roads in the direction of the city, Mapo-gu Seoul Metropolitan Government, at the east of the east-dong road at the east of the east-dong, Seoul.

Since there is an intersection where a signal apparatus is installed, the driver of a motor vehicle should safely drive the motor vehicle in accordance with the new code, and there was a duty of care to refrain from driving the motor vehicle under the influence of alcohol or without a driver's license.

Nevertheless, under the influence of alcohol, the Defendant, by negligence in violation of the signal while under the influence of alcohol, sustained an injury to the victim, such as crums, which require approximately three weeks of medical treatment to the victim, by taking over the part of the left back of the vehicle of the victim DD driving, which was going along with the vehicle going along with the signal from the front of the front of the instant ice truck, from the front of the front of the instant ice truck.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of alcohol, thereby causing injury to the victim, and even though he violated the prohibition on driving a motor vehicle at least twice under the influence of alcohol, he/she drives a motor vehicle while under the influence of alcohol, while driving a motor vehicle without obtaining a driver'

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. The actual survey report on traffic accidents;

1. Photographs of damaged vehicles;

1. Exemplary drivers;

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