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(영문) 서울서부지방법원 2013.07.25 2012고합520
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[criminal power] On August 31, 2012, the Defendant was issued a summary order of KRW 5,000,000 by the Seoul Eastern District Court as a crime of violation of the Road Traffic Act, and a summary order of KRW 5,00,000,00 as a fine at the Suwon District Court on November 14, 2012.

【Criminal Facts】

1. On November 4, 2012, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was unable to drive normally due to the influence of alcohol that reaches 0.224% of blood alcohol concentration on November 22, 2012, and led the Defendant to drive Crocketing and other vehicles with the roads of one lane prior to 259-10, Yongsan-gu, Seoul, Yongsan-gu, Yongsan-gu, Seoul, with the driving of the Crocketing and other vehicles, to move from the front-dong room.

The Defendant neglected the operation of the steering gear in front of the front city and the steering gear, and was negligent in the course of business in the middle of the center line, and was driven by the victim D (W, 30 years old) driving on the opposite lane in front of the center line. The left front part of the motor vehicle of the Defendant driving was driven by the front part of the motor vehicle of the Defendant.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and suffered injury such as light salt, tension, etc. for about two weeks to the victim.

2. Around November 22:37, 2012, the Defendant driven C rocketing car under the influence of alcohol concentration of 0.224% without a driver’s license, from around about 1km to the place where the accident described in paragraph (1) occurred in Yongsan-gu Seoul, Yongsan-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement made to the police officer D and F;

1. A traffic accident report, a survey report on actual condition of a driver, a circumstantial report on a driver, and a report on detection of a driver;

1. A medical certificate (D);

1. The driver's license ledger;

1. Investigation report (general) - Investigation into the records of drunk driving;

1. [Korean Criminal Records]: A person before his/her offense.

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