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(영문) 서울서부지방법원 2017.03.30 2016고단3753
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a BM5 car.

On November 25, 2016, the Defendant driven the said vehicle under the influence of alcohol content of 0.231% in blood, and driven the said vehicle under the influence of alcohol content of 0.231% in the mouth of Seodaemun-gu Seoul, Seodaemun-gu, Seoul, with five-lane roads in front of the said five-lane from the erogate of Seodaemun-gu at the erogate, along with three-lanes of the said road.

In this case, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by accurately manipulating the steering and steering gear and accurately.

Nevertheless, under the influence of alcohol, the Defendant was negligent and negligent in driving while driving the vehicle in a situation where it is difficult for the Defendant to drive the vehicle normally while driving the vehicle, and received the back part of the victim C(42 ) driving of the signal atmosphere from the front side of the vehicle operated by the Defendant. The Defendant was in front of the above SM5 vehicle.

As a result, the Defendant suffered injury to the Defendant, by negligence, in a state where normal driving is difficult due to the influence of drinking, the salt pans and tensions that require approximately two weeks medical treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of each traffic accident;

1. A traffic accident report;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

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 (2) 1 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing in Article 62-2 of the Criminal Act is that the defendant is driving under the influence of alcohol.

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