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(영문) 서울남부지방법원 2013.11.28 2013고단3603
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

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was driven by BK5 car on September 27, 2013 on the 09:37, and the Defendant proceeded one-lane between the two-lanes around the Hansung apartment road located in the 763-dong, Yeongdeungpo-gu, Seoul Metropolitan Government, from the shooting distance of the Navy Center to the surface of the naval hotel.

At the time, the Defendant, while under the influence of alcohol content 0.142 percent of blood alcohol content at the time, is proceeding with red and lucental state, and even if the Defendant was unable to walk properly and was in a situation that makes it difficult to drive normally, such as a lush distance, etc.

In order to make a U-turn on the road, the part of the victim C(W, 32 years old) driving DM3 driver's driving that was stopped was placed in front of the right-hand part of the above K5 car.

Ultimately, the Defendant is driving a car in a state where normal driving is difficult due to the influence of drinking as above.

The traffic accident occurred to the victim C and the victim E (n, 28 years of age) who was accompanied by the car of the above SM3 car, and the victim E (n, 28 years of age) suffered about three weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (driving) driving the said K5-meter car from the parking lot for the bring-wing-ro in the vicinity of the Gangwon-dong, Yongsan-gu, Seoul to the 763rd road in Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, while under the influence of alcohol by 0.142% of the blood alcohol concentration in the above temporary light.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and E;

1. A traffic accident report;

1. Place where drinking alcohol is measured;

1. Each written diagnosis;

1. Written response to the request for appraisal;

1. Application of Acts and subordinate statutes to the reports on proper initiative of each host driver, and the reports on actual statements of the host driver;

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

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

1. Selection of penalty;

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