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(영문) 서울남부지방법원 2012.11.09 2012고단1105
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. Around 01:00 on February 7, 2012, the Defendant illegally used a car illegal vehicle: (a) from the home of the victim D (C 104) to the vicinity of the Yeongdeungpo-gu Seoul Metropolitan City Do Do 187-12 Do Do Do Do Do Do Do Do Do Do Do Do Do dong 187-12, the Defendant temporarily used the Do Do

2. On February 7, 2012, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) and the Road Traffic Act (hereinafter “Road Traffic Act”) driving EM-Mambling Vehicle under the influence of alcohol by 0.156% on blood alcohol concentration on February 7, 2012, and led the Defendant to drive from the Do road along the direction of the Do road along one lane of the two-lane Do-dong, Yeongdeungpo-gu, Seoul Metropolitan City.

The driver, at a place where the center separation is installed, should proceed safely by examining well the right and the right and the right along the running lane. However, under the above circumstances, the driver was negligent in neglecting it, and the driver was found to have been in front of the driver's seat in front of the driver's seat in the G Tti-gu car driven by the victim F (the age of 44) who was at the opposite lane beyond the center separation threshold.

The Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and caused the victim to suffer injury, such as tear tear, etc. on the left-hand shot, which requires a medical treatment for about seven weeks, and damaged the vehicle in the T-gu to have approximately KRW 42,715,359 of the repair cost.

3. Around 01:06 on February 7, 2012, the Defendant driven the EDamp Cor at the 15km section of Yeongdeungpo-gu Seoul Metropolitan City Do Do 187-12 Do Do Do Do 187-12, while under the influence of alcohol with a blood alcohol concentration of 0.156%.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. A written diagnosis and written estimate;

1. Application of Acts and subordinate statutes to reports on detection of drivers and circumstantial statements of drivers;

1. The corresponding provisions of the Criminal Act concerning criminal facts; and

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