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(영문) 서울남부지방법원 2016.04.14 2015고단3475
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

The defendant is a person who is engaged in driving a CSM 5 car.

On May 16, 2015, the Defendant driven the above vehicle while under the influence of alcohol content 0.176% during blood transfusions, and led to the front way of the E-cafeteria located in Geumcheon-gu Seoul Metropolitan Government, Geumcheon-gu, along one lane from the telephone station to Ireland.

Defendant 1 was at the end of the Defendant’s vehicle of the victim F (Woo, 38 years old) who was stopped in order to turn to the left at the front of the vehicle due to the foregoing influence of drinking, and due to the negligence of failing to see the front side and not operating the brakes properly, the lower part of the vehicle of the victim F (Woo, 38 years old), which was parked in order to turn to the left.

As a result, the Defendant suffered injury to the victim F, such as catitiss, which requires approximately two weeks of medical treatment, and injury to the victim H (Y, 39 years of age) who was accompanied by the said damaged passenger car, such as catitiss that require approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement of the occurrence of each traffic accident conducted by the F and H;

1. Application of Acts and subordinate statutes to each medical certificate, a statement on the circumstances of the driver in charge, and a report on the detection of the driver in charge;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes applicable to the crime and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the Selection of Punishment, etc. (the point of causing harm to the driving of danger), and Articles 148-2 (2) 2 and 44-2 (1) of the Road Traffic Act (the point of

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing 0-2 of Article 62-2 of the Criminal Act: The fact that there is no record of punishment other than the punishment imposed once by a fine in 2014, the vehicle driven by the defendant is covered by the comprehensive motor vehicle insurance, and the degree of damage is not much serious;

Accompact: a fine of KRW 1 million is imposed on a drinking driver in 2014.

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