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(영문) 서울남부지방법원 2013.05.02 2013고단1014
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

1. On February 26, 2013, the Defendant driven the said car under the influence of alcohol of 0.122% with a blood alcohol concentration around 21:20%, and proceeded one lane in the direction of the string distance in the direction of the new intersection distance of Yangcheon-gu Seoul, Yangcheon-gu, Seoul, along with three lanes in front of 325 wood apartment 1110-dong, Yangcheon-gu, Seoul.

In such a case, a person engaged in driving a motor vehicle has a duty of care to reduce the speed and drive the motor vehicle safely by properly examining the front and rear left.

Nevertheless, the defendant was negligent in driving a motor vehicle while normal driving is difficult due to the influence of drinking, such as sobreathing, hinginging away red and hinginging off, and received the rear part of the damaged motor vehicle as the front part of the motor vehicle.

As a result, the Defendant suffered from the victim’s negligence in the course of performing the above duties such as damage to the convenience requiring approximately three weeks of treatment.

2. While the Defendant was under the influence of alcohol content 0.12% at the above temporary border, the Defendant driven the said rocketing car from the front day of the Goyangdong Industries University, Guro-gu Seoul Metropolitan Government to the front day of the 325 wood apartment 1110-dong, Yangcheon-gu, Yangcheon-gu, Seoul to approximately KRW 500 meters.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident report;

1. A certificate of measurement of drinking, and a report on the actual state of drinking drivers;

1. Photographs;

1. Application of Acts and subordinate statutes to report internal investigation (Attachment of a medical certificate for a victim);

1. The applicable Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and the choice of imprisonment with prison labor, respectively;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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