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(영문) 서울남부지방법원 2014.04.17 2014고단484

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for one year.

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 a B-Wood passenger vehicle.

On December 6, 2013, at around 05:15, the Defendant, while under the influence of alcohol with 0.132% of alcohol concentration, was driving the said Aarbured Automobile, and the Defendant, Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, would drive the said Aburged Vehicle along three-lanes of the four-lane roads in front of the Sinsan-dong, Yeongdeungpo-gu, Seoul, 91-43 No. 91-43, along the two-lanes of the Churan Bridge.

At the time, since the road is bended at night and at the night, there was a duty of care to operate safely by thoroughly manipulating the steering time and accurately operating the steering and steering devices.

Nevertheless, the Defendant neglected to drive in a state where normal driving is difficult due to influence of drinking and failed to accurately operate the steering direction and operation system while neglecting the steering direction and operation system at a four-lanes, and was driven by the victim C (Nam, 32 years of age) who stopped on the four-lanes. The lower part of the DMF5 vehicle driven by the victim C(Seoul and 32 years of age) was the front part of the said vehicle.

At the same time, the Defendant suffered from the injury of the victim E (E, South and 28 years of age) who was on board the vehicle of the above AWW due to the above occupational negligence, such as liver-gu medical treatment for about 8 weeks, and at the same time, the victim C suffered from the actual long-term damage to the victim C, thereby resulting in the death during the transfer to G Hospital located in the Seoul Yeongdeungpo-gu Seoul Metropolitan Government F. at around 055.

Summary of Evidence

1. Defendant's legal statement;

1. A E-document;

1. The actual condition survey report;

1. A written appraisal of blood alcohol;

1. The Bamark formula;

1. Application of Acts and subordinate statutes to medical certificates and autopsy and appraisal certificates;

1. Article 148-2 (2) 2 and Article 44 (1) of the relevant Act on the Aggravated Punishment, etc. of Specific Crimes; Article 5-1 of the Act on the Aggravated Punishment, etc. of Specific Crimes;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor for a crime of violation of the Road Traffic Act;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;