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(영문) 서울동부지방법원 2016.05.26 2016고단710
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 a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around February 25, 2016, the Defendant driving a spke car under the influence of alcohol content of about 0.203% from the 1km section from the 1km section to the roads in Gwangjin-gu, Seoul Special Metropolitan City, at around 23:05, around February 25, 2016.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) driven the said C SP car with a alcohol concentration of 0.203% at the time of the day indicated in the preceding paragraph, and driven the said C SP car at the same time as the two-lanes between the four-lanes of the Olympic Winter-gu Seoul Special Metropolitan City roads at the horizontal distance of the Gu.

At the time of night and where a center line is installed, there was a duty of care for those engaged in driving service to live well on the right and the right, and to safely operate the car line.

Nevertheless, the Defendant, while under the influence of alcohol, was in the front part of the Defendant’s car, was driven by the victim D(43) driving, which was parked in the signal atmosphere at one lane in the front of the front.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and suffered injury, such as chromatic salt, tension, etc., which requires a two-day medical treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A survey report on the actual condition of a traffic accident, a traffic accident occurrence report, a report on the detection of a driver of a primary driving, and a record of and an investigation report on a drinking measuring instrument (verification of the distance

1. Application of Acts and subordinate statutes (patch No. 21);

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes against the crime under the relevant Act, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, and the choice of imprisonment for each sentence;

1. Aggravation concurrent crimes;

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