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(영문) 서울서부지방법원 2015.06.30 2015고단965

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

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

except that 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 of a motor vehicle by obtaining a franchise.

At around 20:50 on January 26, 2015, the Defendant was under the influence of alcohol with 0.169% of alcohol concentration in blood, while the Defendant was able to drive normally, such as a sniffly, snife and snife, snife and snife in the entrance, with red shocking, so that snow cannot walk properly and properly, the Defendant was driving the said vehicle, while driving the said vehicle, along the road front of the National Bank of Eunpyeong-gu Seoul Metropolitan City, 101, in the direction of the mountain basin, along the three-lane distance.

In such a case, the Defendant, who is engaged in driving of a motor vehicle, neglected to perform the duty of driving the motor vehicle on the front side of the motor vehicle and safely along the direction of driving, neglected to do so, leading the center separation zone to the left side of the motor vehicle of the Defendant, going into the front side of the motor vehicle, and then going into the front side of the motor vehicle by the victim D (W, 58 years old) who was in the front side of the traffic at the intersection of the center line, going beyond the center line, was driven by the victim D (W, 58 years old) who was in the front side of the motor vehicle of the motor vehicle of the Defendant, and then the motor vehicle of the FIst or other motor vehicle of the FIst of the motor vehicle which was parked after the collision is pushed back.

As above, the Defendant, while driving a motor vehicle under the influence of alcohol while driving a motor vehicle in a situation where normal driving is difficult due to influence of alcohol, was caused by a traffic accident due to the negligence in the course of duty by the victim D, resulting in injury to the victim D, such as brain, dynasium, bones, and tension that require medical treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared D and F;

1. A traffic accident report;

1. A report on detection of a host driver;

1. Statement of the status of the driver;

1. Each photograph;

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 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, the Road Traffic Act.