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(영문) 서울북부지방법원 2014.02.13 2013고단1242
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

The defendant is a person who is engaged in driving a Crane car.

The Defendant driven the said vehicle under the influence of alcohol concentration of 0.182%, while driving the said vehicle on May 11, 2013, at around 05:38, the Defendant continued to drive the said vehicle under the influence of alcohol concentration of 0.18%, with two lanes prior to the 42-8-lane Do of the U.S. Child of Gangnam-gu Seoul Metropolitan Government on May 11, 2013, along the two lanes prior to the 8-lane of the U.S. Child 4

The Defendant had a duty of care to look at the right side and the right side of the victim D(57 years old) driving and to prevent the accident by maintaining the safety distance. In such a case, the Defendant had a duty of care to prevent the accident from occurring.

Nevertheless, the Defendant, under the influence of alcohol and neglected to do so, went through the part of the back-of-life vehicle in front of the passenger vehicle in front of the signal in the signal air at the front of the passenger vehicle due to his occupational negligence, and thereby, the Defendant got the back-of-life vehicle in front of the victim F(55) who was parked in front of the vehicle while being pushed down in front of the vehicle.

The Defendant, due to the above shock, suffered from the victim D’s scopical base, scopic base, and scopic base that require approximately two weeks of medical treatment, and the victim F suffered from scopic base that requires approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A statement of the occurrence of a traffic accident of F;

1. A written report filed with an employer;

1. Each written diagnosis;

1. Application of each statute on photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed under the corresponding Act on the Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of a sound driving);

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (mutually between violations of the Act on the Aggravated Punishment, etc. of Specific Crimes);

1. Article 37 of the Criminal Code among concurrent crimes.

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