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(영문) 서울북부지방법원 2013.11.21 2013고단2160
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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaged in driving a motor vehicle B high-speed car;

On September 5, 2013, at around 04:17, the Defendant driven the said car with a blood alcohol concentration of 0.132% 0.13%, and led to the flow of the road front of the exit road of the 286-dong Seoul Nowon-gu, Seoul Nowon-dong 286 from the direction of the west-gu.

At the time, since it is at night and a three-distance road where a signal is installed, there was a duty of care to prevent accidents in advance by reducing speed to those engaged in driving of a motor vehicle and driving it well and safely.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol and was under the influence of driving the victim C(31 years old) who was under the influence of the signal waiting at the front of the running direction of the Defendant. The lower part of the victim C(31 years old) was under the influence of the Defendant’s vehicle in front of the right edge of the passenger vehicle.

Ultimately, the Defendant caused the above victim by occupational negligence to suffer injury, such as salt, tension, etc., in need of treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (driving) driving a B low-speed car under the influence of alcohol with a blood alcohol concentration of 0.132% at the above date, at the above place, at the above time, and at the above place.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on traffic accidents and a report on actual condition;

1. A written report filed with an employer;

1. Investigation report (investigation into the details of receipt of the case and the application of the official mark of the drinking-driving driving); and

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 applicable to the crime, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

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

1. Article 62(1) of the Criminal Act:

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