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(영문) 서울중앙지방법원 2014.04.16 2014고단1325
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in the operation of CR-V automobiles.

1. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven the said car under the influence of alcohol level of 0.206% on February 15, 2014, while driving the said car at around 01:20% of alcohol level, and driving the 537 front road at the south of the Young-gu Seoul Metropolitan City as the bankruptcy of Gangnam-gu along the 5-lane of the 5-lane between the 5-lane and the 5-lane of the

At the time, the Defendant was in a difficult condition to drive normally due to the influence of drinking, such as duplicating and rhing the smell at the entrance.

Nevertheless, the Defendant, while under the influence of alcohol, was driven by the victim D(the age of 47) driven by the victim D(the age of 47) who was parked in the front of the said car, brought the back part of the said car into the front part, and due to the shock, the Defendant got the victim F(the age of 60) who was parked in the front part of the said taxi in the front part of the said car.

Ultimately, the Defendant suffered injury to the victim D, such as salt, tensions, etc. in need of treatment for about two weeks by occupational negligence as above, and injury to the victim F, such as salt, tensions, etc. in need of treatment for about three weeks.

2. While the Defendant was under the influence of alcohol level of 0.206% at the same time as in the preceding paragraph, the Defendant driven the said car at a section of approximately 1.5 km from the roads near the Seoul Gangnam-gu Bankruptcy Road to the roads around 537 km as in the former bankruptcy.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Each statement of D and F;

1. Each written diagnosis;

1. Written estimate;

1. A traffic accident report;

1. Application of Acts and subordinate statutes to reports on detection of drivers and requests for appraisal;

1. The relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment, etc. shall be applied to the injury resulting from dangerous driving and imprisonment.

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