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(영문) 서울북부지방법원 2016.03.17 2015고단4117
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 6, 2015, the Defendant was under the influence of alcohol level of 0.146% in blood around November 6, 2015, the Defendant driven B car rental cars at the section of 6 km from the front side of the intersection in Gangnam-gu, Seoul to the same way as Seoul Southern-gu, Seoul Central Government, from the front side of the intersection to the same way of 476 degrees.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or injury caused before the risk) is a person engaged in driving B car sirens.

On November 6, 2015, the Defendant driven the above car at around 02:16, and continued 476 parallel intersections at the same time in Jung-gu Seoul, Jung-gu, Seoul, to the parallel intersections at the military intersections of the military.

In this case, the defendant engaged in driving of the motor vehicle has a duty of care to prevent accidents such as complying with the signal and keeping the right and the right of the front side well.

Nevertheless, the Defendant neglected to drive his vehicle under the influence of alcohol in a state where it is difficult to drive the vehicle normally due to an occupational negligence in violation of the signal, thereby resulting in the Defendant’s occupational negligence on the right side of the driving vehicle to the left side of the driving vehicle, resulting in the Defendant’s injury, such as a cage of the victim C(53) driver’s front part of the car in front of the said car siren driver’s car, and suffered about four weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement of the occurrence of a traffic accident C;

1. A report on the circumstances of the driver involved in the driving and a report on the detection of the driver involved in the driving;

1. A survey report on actual conditions;

1. A medical certificate;

1. Application of Acts and subordinate statutes to photographs of accident vehicles;

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

1. Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the Criminal Act [the punishment shall be heavier.]

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