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(영문) 서울북부지방법원 2017.11.02 2017고단3770
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 9, 2007, the Defendant issued a summary order of a fine of 500,000 won for a crime of violating the Road Traffic Act at the Seoul Central District Court on February 9, 2007, and on December 28, 2015, a summary order of a fine of one million won for the same crime at the Jung-gu District Court on December 28, 2015, and has experience of violating Article 44(1) of the Road Traffic Act at least twice.

The defendant is a person engaged in driving a car at the B Belgium.

On August 22, 2017, the Defendant, while under the influence of alcohol of 03:20% among the blood transfusions, turned the front road of Dongdaemun-gu Seoul Metropolitan Government into the fluence of 0.118% from the fluence of the Saemaul Treasury.

In this case, there was a duty of care to prevent accidents, such as taking a back and right and right and right of the driver of the motor vehicle well, accurately operating the brake and steering gear, etc.

Nevertheless, the Defendant failed to discover the E QM5 car driven by the victim D (42 tax) who was making a stop in the rear after the aftermath due to the negligence in which he was negligent in driving under the influence of drinking, while he was unable to drive normally due to the influence of drinking, and caused the damage to the back part of the above QM5 car by the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of medical treatment due to occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition, a traffic accident situation report, a statement on the situation of the driver at the main place, a report on the situation of the driver at the main place, a report on the detection of the driver at the main place, and a medical certificate;

1. Previous convictions in judgment: Application of an inquiry letter, summary order, and other Acts and subordinate statutes, such as criminal history;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Code, and Article 38.

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