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(영문) 서울북부지방법원 2014.09.30 2014고단2613
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 20, 2014, the Defendant was under the influence of 00:40% of alcohol concentration in blood, and the Defendant was driving a car of Copa halogCC at a 0.202% on July 20, 2014, and the front road of the “Nan City City” located in 225 in Seongbuk-gu Seoul, Seongbuk-gu, Seongbuk-gu, Seoul, along the direction of the road from the roadside basin to the opposite area of sexual traffic.

The Defendant, under the influence of alcohol, was able to drive normally due to the influence of drinking, such as a large range of red, etc., while under the influence of alcohol, and the Defendant suffered injury, such as dynasium and tension, which the victim D (the age of 58) who was proceeding along the two lanes prior to the direction of the operation, was placed in front of the right side of the said vehicle driven by the Defendant, and suffered injury to the victim, due to the shock, such as dynasium and tension, which requires approximately three weeks of medical treatment for the victim.

Accordingly, the defendant was injured by driving the above car while it is difficult to drive the car normally due to the influence of drinking.

2. The Defendant violated the Road Traffic Act (driving a sound driving) from the roads adjacent to Induna University located in Seocho-ro 12, Seoul Special Metropolitan City, Nowon-gu, to the roads prior to the “Aarnish Language Institute” located in Seongbuk-gu, Seongbuk-gu, Seoul, the Defendant driven the said vehicle under the influence of alcohol with approximately 4.5km alcohol concentration of about 0.202% from the 4.5km section to the road.

Summary of Evidence

1. Defendant's legal statement;

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

1. A traffic accident report;

1. A report on detection of a host driver ( twice);

1. A medical certificate;

1. Application of the Acts and subordinate statutes of black stay photographs

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes relating to 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 Criminal Act among concurrent crimes.

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