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(영문) 서울남부지방법원 2013.06.05 2013고단1333
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

The Defendant is a person who is engaged in driving of a freight vehicle B.

On March 25, 2013, the Defendant driven the above vehicle while under the influence of alcohol of 0.124% on blood alcohol, and led the victim to drive the two-lane of three-lanes on the expressway located in Seo-gu Incheon, Seo-gu, Incheon, Incheon, at a point of about 5.8km in the direction of Incheon, and changed the two-lanes from the Seoul bank to the three-lane, and due to the negligence of neglecting the operation of the steering system under the influence of alcohol to the extent that it is difficult for the victim to drive the vehicle under the influence of alcohol, and neglecting the duty of safe driving, the Defendant got the victim to drive the above three-lane driver's vehicle under the influence of driving the vehicle under the influence of alcohol of 0:45 (52 years old), and the victim's driver's vehicle under the influence of the two-lane driver's vehicle under the influence of the two-lane driver's vehicle under the influence of the two-lane driver's vehicle under the influence of the two-lane driver's vehicle under the influence of the two-day.

As a result, the defendant is driving a drunk and driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing injury to the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and C;

1. The actual condition survey report;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to a report on detection of a host driver;

1. Article 5-11 and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime.

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