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(영문) 서울서부지방법원 2015.07.14 2015고단1101

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

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

The defendant is a person engaged in driving a CNS car.

On April 30, 2015, the Defendant was under the influence of alcohol with 0.174% of blood alcohol concentration around 22:40 on April 30, 2015, and the Defendant driven the said car, which led to the flow of the vehicle into the air dives of the hives basin in the front side of the Mapo Police Station located in Mapo-gu Seoul Metropolitan Government, along the two lanes of the four-lane road located in Mapo-gu Seoul Metropolitan Government.

In this case, the defendant engaged in driving service has a duty of care to safely drive a motor vehicle by checking well the front left-down, because the victim D(ma, 36 years old)'s Echip is driving.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in neglecting the duty of Jeonju City when changing the three-lanes from the two-lanes in a situation where normal driving is difficult, due to the negligence of neglecting the duty of Jeonju City, and received the back part of the said victim's driver's license which was in the atmosphere of signal at the three-lanes as the front part of the Defendant's vehicle.

Ultimately, the Defendant suffered, on the above occupational negligence, the injury of fluoral base to the said victim D, and the injury of fluoral base, etc., which requires approximately 3 weeks of treatment to the F (V, 44 years of age) who took advantage of the damaged vehicle, and the injury of fluoral base, etc., which requires approximately 2 weeks of treatment to the same victim G (V, 58 years of age), respectively.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of D, F, and G preparation;

1. A traffic accident report;

1. A report on detection of a host driver;

1. A report on the actual state of the driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, as to the crime committed under the corresponding Act;

1. Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (trade name of the crime resulting from the death or injury caused by the dangerous driving, and trade name of the victim F with the largest criminal situation).