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(영문) 서울중앙지방법원 2014.07.02 2014고단2350
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

On March 8, 2014, the Defendant was under the influence of 00:00% of blood alcohol concentration 0.138%, and was driving from the next in the direction of the victim D(54 years old), while driving from the next in the direction of the victim D(54 years old), the Defendant was under the duty of care to secure and proceed with a sufficient safety distance that can avoid when the said cab stops due to reducing the speed and taking into account well, as the Defendant was under the influence of 0.138% of blood alcohol content.

Nevertheless, the Defendant’s negligence, while under the influence of alcohol, proceeded without properly examining the front, received the left-hand part of the front-hander of the above taxi which was stopped in order to board customers with the right-hand part of the front-hander of the above rocketing passenger car, and continued to proceed, and the victim F (W, 27 years old) who was waiting in the front-hander of the above rocketing passenger car was driven by the victim F(F) who was waiting in the front-hand part of the above rocketing passenger car.

As a result, the Defendant suffered injury to the victim D, such as climatic salt, which requires treatment for about two weeks due to the above occupational negligence in the situation where normal driving is difficult due to the influence of drinking, and the victim F, who had approximately six weeks of medical treatment, suffered injury, such as the victim F, the escape from the conical signboard during the period of up to 4-5 hours.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared D and F;

1. A traffic accident report;

1. Report on the statement of the status of a drinking driver, and the written report on the status of a drinking driver;

1. Investigation report (application of the Tramark Official Form);

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant 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 the choice of imprisonment for a crime;

1. Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act to increase concurrent crimes.

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