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(영문) 서울북부지방법원 2013.09.05 2013고단1359
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 23, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury resulting from Dangerous Driving) (hereinafter “Dangerous”) driven a B Radon car under the influence of alcohol concentration of 0.192% at the 3rd line in front of the Gyeonggi-do North Office Building located in the 800-dong, Shindong-dong, Gidong-si, and the 0.5% in front of the North Korean Office building at the 000-dong, and the 00-do in

In this case, a person engaged in driving of a motor vehicle has a duty of care to live well on the right and the right and the right and the right and the right and the right and the right and the right and duty of care for safe operation.

Nevertheless, under the influence of alcohol, the Defendant did not avoid the DSP car driven by the victim C (hereinafter referred to as 50 years of age) who was in the atmosphere of the signal at the front of the course, due to negligence while neglecting it, and did not avoid the above SP car, and shocked the back part of the SP car into the front part of the SP car.

As above, the Defendant was negligent in driving a car in a situation where normal driving is difficult due to influence of drinking, and caused injury to the victim, such as pleatitis which requires treatment for about two weeks.

2. Around 23:50 on April 23, 2013, the Defendant driven the said vehicle under the influence of alcohol content of about 0.192% from the 1km section to the front road of the Gyeonggi-do North Korean Office building located in the same 800-dong from the 685-dong New Gidong-dong, Gidong-dong to the 800-dong Do.

Summary of Evidence

1. Defendant's legal statement;

1. C victim statement;

1. A traffic accident report, actual condition investigation report;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

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

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

1. Aggravation for concurrent crimes;

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