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(영문) 서울중앙지방법원 2017.01.11 2016고단7461
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 a period of 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 before the risk) is a person engaged in driving a motor vehicle with B-to-purd motor vehicle.

On June 11, 2016, the Defendant driven the above vehicle while under the influence of alcohol 0.141% during blood transfusions on June 11, 2016, and driven the road of four-lanes in front of Dongdaemun-gu Seoul, Seoul, along one-lane from the right intersection to the right intersection distance.

A person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by properly manipulating steering devices, brakes, etc. while driving the motor vehicle on the front side.

Nevertheless, the Defendant neglected this and neglected to drive normally under the influence of alcohol and neglected to do so, and conflict with the signal, etc. installed on the traffic island in the front direction of the Defendant’s vehicle.

As a result, the Defendant suffered injury, such as T7 or T10, to the victim D (28) who was on the top of the 12 weeks of medical treatment due to the above occupational negligence, which requires approximately 12 weeks of medical treatment.

2. On June 11, 2016, the Defendant was under the influence of alcohol content of 0.141% during blood transfusion at around 04:40 on June 11, 2016, the Defendant driven a B-to-purd car from around about 5km from the front side of the Gwangjin-gu Seoul Special Metropolitan City to the front road of Dongdaemun-gu Seoul Dongdaemun-gu.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A traffic accident occurrence report, an investigation report on the actual condition of a traffic accident, a statement on the circumstances of the driver at home, and a report on the detection of the driver at home;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

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

1. Article 62 of the Criminal Act:

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