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(영문) 서울북부지방법원 2015.10.01 2015고단2661
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around April 24, 2015, the Defendant violated the Road Traffic Act (MM5) driven a BM5 vehicle under the influence of alcohol at approximately 3km section from the 3km section to the lower 3rd west-dong of Seoul, Nowon-gu, Seoul, Seoul, while under the influence of alcohol by 0.173% from the 3km section to the lower 3rd west-dong of Seoul.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a BM5 car;

On April 24, 2015, at around 21:55, the Defendant driven the said car while under the influence of alcohol of 0.173%, and led to two-lanes of three-lanes in front of the three-lanes in front of the Seoul Nowon-gu, Seoul Special Metropolitan City, Nowon-gu, along the direction of the transmission.

At the time, there was a duty of care to safely drive a person engaged in driving a motor vehicle at night by putting the front door and accurately operating the brake system.

Nevertheless, the defendant neglected this and neglected his duty of Jeonju City, thereby changing the course from the two lanes to the three lanes by negligence.

The upper part of the D Rash's left side of the D Rash's car driven by the victim C(AW, 60 years of age) who is driving three lanes was received as the front part of the Defendant's car.

As a result, the Defendant driven a car in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim, such as salt dump, tensions, etc. in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A medical certificate;

1. A report on detection of a host driver;

1. Statement on the circumstantial statement of the employee;

1. A traffic accident report (2) actual survey report;

1. Application of Acts and subordinate statutes governing vehicle photographs;

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the selection of punishment for the crime, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and the selection of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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