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(영문) 서울북부지방법원 2013.11.14 2013고단1935
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 08:00 on July 10, 2013, the Defendant driven a CH car with a blood alcohol content of at least 0.142% under the influence of alcohol on the section of approximately 3km from around 08:30 on the same day to the Green Teachers’ Road located in the Chang-dong, Dobong-gu Seoul Metropolitan Government.

2. The defendant is a person who is engaged in driving a CM car in violation of the Act on the Aggravated Punishment of Specific Crimes.

On July 10, 2013, at around 08:30, the Defendant: (a) went to the left at about 20 km from the front of the 31st place in Dobong-gu Seoul, Dobong-gu, Seoul, to the right edge of the vehicle at the speed of the Dobong Police Station in the direction of the Dobong Police Station, and (b) the snow breath and the horse breath, and the balth of the walking distance, when it is difficult for the Defendant to drive normally due to influence of drinking such as drinking, etc., due to the negligence at the center of the central line, and at the speed of the victim D (43 years old) who stops in the opposite direction at the right edge of the Esstrentoton vehicle, the Defendant conflicts with the left edge of the vehicle at the left edge of the vehicle driven by the Defendant, and caused the collision of the Groptoth part of the Frrop vehicle at the speed from the two-lane to the atmosphere.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury to the said victim, such as dump of the culp that requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of victims of D;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. The actual condition survey report;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment);

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

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