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(영문) 서울남부지방법원 2013.03.12 2013고단151
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a B carrens.

Around 00:30 on January 4, 2013, the Defendant driven the above van and proceeded along the four-lanes in the direction of the new intersection in the direction of the new intersection from the direction of the error intersection to the long-distance circulation of the cargo terminal 1293 Seo-dong, Yangcheon-gu, Seoul.

At the same time, the Done Star Corma, which is driven by the victim C (the 47-year-old) at the same lane, is under the signal stop, so in such a case, the person engaged in driving service has a duty of care to reduce the speed and drive safely by properly examining the front and rear left.

Nevertheless, the Defendant was negligent in driving in the state that the Defendant was unable to drive normally due to drinking, such as a long distance with red and walking, and received the back part of the Defendant’s knife due to the Defendant’s fault in front of the knife.

As a result, the defendant driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered the victim's salt, tension, etc. requiring a medical treatment for about two weeks.

2. The Defendant, while under the influence of alcohol content 0.167% at the above temporary border, was driving the said B carren car at approximately 5 km from the roads near the Nam-gu Seoul Southern Station to the front road of about 1293, Yangcheon-gu, Yangcheon-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A traffic accident report;

1. A certificate of drinking alcohol measurement and a written report on drinking drivers;

1. A report on the actual state of the driver;

1. Application of Acts and subordinate statutes to the investigation report;

1. The applicable Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and the choice of imprisonment with prison labor, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 of the Criminal Act:

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