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(영문) 서울중앙지방법원 2016.02.03 2015고단8351
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 21, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused by danger) was under difficulties in normal driving due to the influence of alcohol in around 02:38, while driving a seeable car, and driving the seeable car at around two weeks, and driving the road in Samsung-dong, Gangnam-gu, Seoul, into the hill basin designated from Samsung Station to the hill basin, and driving the road in Samsung River at around 49-12, which was under the influence of alcohol and driving by the victim D along the one-lane opposite to the vehicle under the influence of alcohol. As above, the Defendant suffered from the front portion of the seeable passenger car, the front part of the Eone Star Skick, which was driven by the victim D, who followed the central line of alcohol and proceeded with the opposite one-lane of the vehicle under the influence of the above seeed passenger car, and thereby, the victim was suffering from the sc

As a result, the Defendant was driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, thereby causing injury to the victim.

2. On November 21, 2015, the Defendant driven a motor vehicle accident at the Gangnam-gu Seoul Gangnam Police Station located in Gangnam-gu, Seoul, under the influence of alcohol, such as smelling from the Defendant, a police officer inside the police station, snicking him/her on his/her face, snicking him/her on his/her face, making him/her red, and driving a motor vehicle under the influence of alcohol.

There are reasonable grounds to recognize it, and it was demanded to respond to the measurement of drinking by inserting the whole in a drinking measuring instrument over about 30 minutes.

However, the Defendant refused to comply with a drinking test and refused to take a drinking test by a police officer without any justifiable reason.

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 traffic accident report;

1. Statement of the circumstances of the driver involved in driving;

1. Photographs;

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 (the act of causing harm to the driving of danger), Articles 148-2 (1) 2 and 44-2 (2) of the Road Traffic Act (the act of refusing to measure drinking), and Article 44 of the Road Traffic Act

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