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(영문) 서울남부지방법원 2014.03.14 2013고단1661
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

The Defendant is a person who is engaged in driving of CPoter Cargo Vehicles.

1. On January 23, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused by Dangerous Driving) and the Road Traffic Act (Free Driver’s License) driving on the cargo vehicle without a driver’s license, driving the said cargo vehicle, and driving the said cargo vehicle at the new speed of Yangcheon-gu Seoul, Yangcheon-gu, Seoul along the one lane in the direction of the Seoul Southern District Court in the direction of the new distance.

However, at the time, the Defendant, while under the influence of alcohol, was unable to properly operate the steering direction and brakes of the said cargo, was negligent in the course of duties leading to the central line, and was driven by the victim D (Nam, 59 years old) who was driving in the two-lane opposite direction to the mast, and was driving by the victim D (Nam, South, 59 years old) on the front part of the ero body taxi, which was driven by the said ero vehicle, suffered from the injury of the said victim, such as the 3-way pedrode scoponed scopical scopical scopher, and suffered from the injury of the said victim F, who is the passenger of the said cab, such as the ero

2. Violation of the Road Traffic Act (Refusal of a drinking test) between 02:35 and 03:07 on the same day, the Defendant requested the police officer to respond to a demand for a drinking test by inserting four minutes of alcohol measuring instruments for about 30 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant was driven while under the influence of alcohol, such as smelling, smelling, red-lighting, etc., in the process of investigating the traffic accident from the slope G belonging to the Seoul Yangyang Police Station Office in the process of investigating the traffic accident under the preceding paragraph from the slope G belonging to the said police station. However, the Defendant did not comply with a demand for a drinking test by a police officer without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H and D;

1. A traffic accident report (1) (2);

1. A written report on job placement and circumstantial statement of the employer;

1. Registers of driver's licenses;

1.Each.

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