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(영문) 서울중앙지방법원 2016.01.15 2015고단7086
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

On June 12, 2009, the Defendant issued a summary order of KRW 700,000 as a crime of violating the Road Traffic Act at the Seoul Eastern District Court on June 12, 2009, and a summary order of KRW 5 million as a crime of violating the Road Traffic Act on October 29, 2010 by the same court.

On October 2, 2015, while under the influence of alcohol 04:25% at around 04:173%, the Defendant driven a CP car in front of the E Hospital located in Gangnam-gu Seoul Metropolitan Government, and carried out a signal waiting at the intersection in front of the E Hospital located in Seoul, to turn to the left in the direction of the school route in the direction of the school route at the intersection of the intersection, the Defendant, while driving the vehicle under the influence of alcohol and changing the lane from the first lane to the second lane without driving the vehicle under the influence of alcohol as above, conflict with the part adjacent to the right side of the said vehicle by occupational negligence of the victim F, who driven at the second lane.

As a result, the Defendant, even though there were two or more times of a crime of drinking driving, was driving a motor vehicle again as above, and driving a motor vehicle while it is difficult to drive the motor vehicle normally due to influence of drinking, resulting in the victim's injury, such as salt, tension, etc. in need of a two-day 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. A written statement;

1. A traffic accident report;

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

1. Photographs;

1. A medical certificate;

1. Previous convictions: Inquiries about criminal history and application of Acts and subordinate statutes to investigation reports (the same criminal records and confirmation);

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

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. Articles 53 and 55(1)3 (a) of the Criminal Act for mitigation of small quantities and the victim’s injury are insignificant.

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