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(영문) 서울북부지방법원 2017.03.28 2017고단253
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

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 28, 2016, the Defendant: (a) driven a C 2 cargo vehicle under the influence of alcohol while under the influence of alcohol at approximately 0.13% from the 50-6-meter section from the 1100-meter road to the 2nd road of Seongbuk-gu Seoul, Seongbuk-gu, Seoul, to the 11-6-day road; (b) around November 28, 2016, the Defendant driven a C 2 cargo vehicle.

2. The Defendant is a person engaging in driving of the second cargo vehicle C in violation of the Act on the Aggravated Punishment of Specific Crimes (Bodily Injury resulting from Driving Risk).

On November 28, 2016, the Defendant driven the two cargo vehicles under the influence of alcohol level of 0.133% in blood, as described in paragraph (1) around 06:55, and driven the front road in front of Seongbuk-gu Seoul, Seoul, toward the right side of the National Bank.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by accurately manipulating the steering system, etc.

Nevertheless, when the defendant was negligent in neglecting the above duty of care and failed to accurately operate the brake system, the defendant shocked the face side of the victim D (74 tax) who crosses the roadway from the right side to the left side of the motor vehicle in the above 2 Twitter 2 Bluter 2, and served as a bridge for the victim's two legs.

As a result, the defendant driving the above 2 cargo vehicles in a situation where normal driving is difficult due to influence of drinking, and suffered injury, such as an open frame of the 16 week medical treatment, such as an annual installments (including a loss of organization in annual installments) from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual conditions;

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

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the crime;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code to increase concurrent crimes.

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