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(영문) 서울북부지방법원 2017.10.26 2017고단3390
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Around 04:20 on August 2, 2017, the Defendant driven a dpactben golf vehicle with a alcohol content of about 500 meters from the 500-meter section from the snick road near the Seoul Dongdaemun-gu session to the road near the same Gu C, while under the influence of alcohol content of about 0.209%.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) is engaged in driving a golf car.

On August 2, 2017, the Defendant driven the said car while under the influence of alcohol, as described in paragraph 1 of around 04:20 around August 2, 2017, and led the roads of three lanes in front of Dongdaemun-gu Seoul, Dongdaemun-gu, to proceed from the direction of the session length distance to the direction of the trial distance.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to observe the vehicle line and drive the motor vehicle safely by checking the traffic situation on the front side.

Nevertheless, under the influence of alcohol, the Defendant, while driving a motor vehicle in a state where normal driving is difficult, was driven by the injured party E (71) who was driving beyond the central line and was driven by the injured party E (71). On the other hand, the Defendant received a part adjacent to the said passenger vehicle from the front driver for about three weeks and suffered injury such as salt, tension, etc. in need of treatment for about three weeks.

As a result, the Defendant was driving in a state where normal driving is difficult due to the influence of drinking, thereby causing the injury to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The actual investigation report on traffic accidents;

1. Drinking result;

1. Investigation report (report on the situation of the driver in charge); and

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

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

1. Relevant 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, the choice of imprisonment for a crime, and the choice of a sentence;

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

1. Reduction of a small amount;

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