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(영문) 서울서부지방법원 2015.05.07 2015고단463
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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaged in driving CM5 motor vehicles;

On December 22, 2014, at around 09:40, the Defendant driven the said car under the influence of alcohol concentration of 0.150% on a 17-lane road in Yongsan-gu Seoul, Yongsan-gu, Seoul, while under the influence of alcohol concentration of 0.150% on a blood alcohol level, and the Defendant driven the said car at a dial speed one-lane between the original temperature and the original temperature in the electromagnetic room and the original temperature.

Since there is a center line of yellow-ray, there was a duty of care to ensure that a person engaged in driving of a motor vehicle is obliged to thoroughly operate the motor vehicle at all times and safely operate the motor vehicle.

Nevertheless, while under the influence of alcohol, the Defendant was under the influence of alcohol while driving one-lane in the opposite direction, due to negligence going beyond the center line, and was under the influence of the Defendant’s driver’s vehicle, the front part of the victim E (the 36-year-old driver’s vehicle) driving, which was under the influence of stopping, was under the front part of the Defendant’s driver’s vehicle in front of the MF5 vehicle.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the victim, such as cerebral dynasium in detail, which requires medical treatment for about three weeks.

2. The Defendant violated the Road Traffic Act (driving) at the time and time set forth in paragraph (1) of this Article, the Defendant driven CM5 vehicle while under the influence of alcohol of about 0.150% of alcohol concentration from the Defendant’s house located in Dongjak-gu Seoul Metropolitan Government to the place set forth in paragraph (1) of this Article.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The actual condition of traffic accidents;

1. A written report on the occupancy of a motor vehicle from the driver;

1. A report on the actual state of the driver;

1. Investigation report (the results of blood collection and the application of the Badmark);

1. Photographs of an accident vehicle;

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

1. The injury resulting from dangerous driving under Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, which is applicable to the relevant criminal facts and the choice of punishment.

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