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(영문) 서울북부지방법원 2015.12.08 2015고단3348
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 00:35 on May 13, 2015, the Defendant driven a B-learning car under the influence of alcohol by 0.165% in the section of approximately 3 KK from the road near the T-dong T-dong T-dong, Gangnam-gu, Seoul to the road near the T-dong, Seoul to the same 736-ro.

2. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) around 00:35 on March 13, 2015, the Defendant driven B-learning passenger cars under the influence of alcohol, such as the foregoing paragraph (1), and driven 436-lane, Seoul Gangnam-gu, Seoul, along the two-lanes between five-lanes of insolvency remote distance.

At the time, it was difficult to set up at night, and in front, C ASEAN car was stopped in the signal waiting, and thus, the defendant who drives the automobile had a duty of care to view the front side in advance and check the traffic situation and prevent the accident in advance.

Nevertheless, due to negligence of being negligent in driving under the influence of alcohol due to the influence of alcohol, the Defendant: (a) suffered injury to the victim D (33 years old) who is the driver of the above Aridididi vehicle, following the above Aridididi vehicle stopped at the front part of the said Aridididi vehicle; (b) caused injury, such as cirropical signboard escape certificate accompanied by the nephal ppuri disease certificate, which requires approximately 4 weeks of treatment; (c) injury to the victim E (33 years old); and (d) the fropic fropties, tension, etc. requiring approximately 2 weeks of treatment to the passenger F (32 years old); and (d) injury to the victim E (the passenger), such as the fropic copic fratum, tension, tension, etc. requiring approximately 2 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A traffic accident report (1) (2) (actual survey report);

1. A report on the actual state of the driver;

1. A written report from an employee of an employer;

1. Each written diagnosis;

1. Application of each statute on photographs;

1. Relevant provisions concerning facts constituting an offense;

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