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(영문) 서울동부지방법원 2016.09.22 2016고단1840
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

1. On May 3, 2016, the Defendant: (a) driven a Cone Star Cornex under the influence of alcohol content of about 0.106%, while under the influence of alcohol, from around 11:47, to the front day of the transmission of the NC department store located in Songpa-gu Seoul to around 1.2km.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused by danger) is prohibited from driving a vehicle in a situation where normal driving is difficult due to influence of drinking, while driving the vehicle on the two-lanes of the victim E (the 45-year-old driver department in the influence of alcohol) while driving the vehicle on the two-lanes of the above passenger vehicle in the influence of alcohol, as seen above, while driving the vehicle on the two-lanes of the driver department in the influence of alcohol, and failing to accurately operate the steering direction and operation of the steering system, while driving the vehicle on the two-lanes of the victim D (43-year-old driver) who was waiting in the signal at one-lanes, the latter part of the passenger vehicle in the direction of the above passenger vehicle and the latter part of the passenger vehicle in the front part of the passenger vehicle in the traffic of the 2-lane driver's vehicle in the front of the above cargo vehicle.

F Bus conflict. F Bus conflict.

As a result, the Defendant driven the above van in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the victim D, such as cage cage cages and tensions, which require approximately two weeks of medical treatment to the victim E, such as cage cages and tensions, which require approximately two weeks of medical treatment to the victim G (44 tax) who is the passenger of the above bus, for approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement of H, E, and I;

1. A traffic accident investigation report, a report on the detection of a driver involved in the primary driving, and a statement on the circumstances of the driver involved in the primary driving;

1. Application of each medical certificate, on-site photographing statute;

1. The Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the pertinent Article of the Act.

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