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(영문) 서울북부지방법원 2013.06.27 2013고단891
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

1. A person who is engaged in the duty to drive a B-cruise vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On March 31, 2013, the Defendant driven the above vehicle on March 21, 2013, and proceeded with one lane in front of the 637 main apartment 1309 Dong-dong, Seoul Special Metropolitan City, Nowon-gu, in the direction of the Madern.

At the time, the center line of the yellow-ray is installed at night, and in such a case, a person engaged in driving service has a duty of care to safely operate by checking well the right and the right.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving a vehicle in the front of the Defendant’s vehicle while driving the central line in order to overtake the vehicle in front, and was in front of the victim C(55 years old) driving in the opposite direction.

As a result, the Defendant driven a vehicle in a situation where normal driving is difficult due to influence of drinking, resulting in the victim's left-hand sponsor, which requires approximately three weeks of medical treatment.

2. Violation of the Road Traffic Act (LA) the Defendant driven the said car under the influence of alcohol by 0.224% in a section of about 500 meters of blood alcohol concentration from the above temporary border to the front of the 637 main apartment road in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of a traffic accident C;

1. The actual survey report on traffic accidents;

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

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) 1 and 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment);

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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