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(영문) 서울남부지방법원 2017.09.21 2017고단3259
특정범죄가중처벌등에관한법률위반(위험운전치사)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

1. Around 00:52 on June 16, 2017, the Defendant driven a F QM3 car under the influence of alcohol content of 0.183% while under the influence of alcohol at approximately 1.27km from the distance of 1 Dong-gu Seoul Metropolitan Government opened in the south-west circulation to E-ray located in Guro-gu Seoul Metropolitan Government.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death resulting from Dangerous Driving) driven the said QM3 car under the influence of alcohol content of 0.183% at the time of a day set forth in paragraph (1) of this Article while driving the said QM3 car at the speed of 0.183%, and driving it on the two-lane road in front of the Eart located in Guro-gu Seoul Metropolitan City, and driving it at the speed of about 30 km in the speed of the two-lane distance.

The Defendant driven the said QM3 car in a situation where it is difficult to drive the car normally due to the influence of alcohol as above, and did not find the victim H (56 tax) who was shut down from the vehicle after parked the G SP car on the side of the above EM, and did not find out the victim H (56 tax). The above QM3 passenger car was left behind the above SM3 passenger car at the right part of the driver's right part, followed by the victim's walk back to the ground on June 16, 2017, and led the victim to the death due to the long-term injury caused by serious injuries at the Sung-ro Hospital located in Guro-gu, Seoul around 01:32, Guro-gu, Seoul, caused the death of the victim due to serious injuries.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Application of on-site photographs, a survey report, an accident vehicle photographs, a black stuff photograph, field photographs, CCTV video photographs, and statutes governing suspect passenger car boom images;

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

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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