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(영문) 서울남부지방법원 2014.07.03 2014고단1603
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

except that 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 rocketing car.

1. On April 16, 2014, the Defendant driven the said vehicle under the influence of alcohol by 0.139% in a section of about 100 meters from the high-class public parking lot located in Guro-gu Seoul Metropolitan Government to the high-speed 13-lane accelerator parking lot.

2. On April 16, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven the said car at a speed of about 10 kilometers per hour from the high speed of Guro-gu Seoul Metropolitan Government to the high speed of about 13 kilometers from the high speed of the accelerator parking lot.

The place has a duty of care to prevent accidents by accurately operating the brake system with a person who is engaged in driving on a residential house.

Nevertheless, under the influence of alcohol, the Defendant got the victim C (the age of 46) who was walking at the front section of the Defendant’s vehicle due to negligence while driving in a state where normal driving is difficult due to the influence of alcohol, and got the victim C (the age of 46) to go beyond the front part of the Defendant’s vehicle operation chief.

Ultimately, the Defendant suffered injury to the victim, such as cutting the body of duplicating outside side, which requires approximately six weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report;

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

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and choice of imprisonment

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62(1) of the Criminal Act recognizes and reflects a criminal act, and the criminal records are all.

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