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(영문) 서울중앙지방법원 2015.01.14 2014고단9318
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for seven 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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaged in driving options vehicles B;

On October 27, 2014, at around 22:30, the Defendant driven the above vehicle while under the influence of alcohol of 0.227% of alcohol concentration, and led the Defendant to drive the said vehicle at an indefinite speed in accordance with the two-lanes of the ma apartment distance shooting range in the Han-gu Seoul Metropolitan City.

At all times, the victim D(n, 42 years old) driving is underway, and in such a case, the driver has a duty of care to look well at the right and the right and the right and the right and the safe driving of the driver, and prevent the accident. However, the defendant operated the observer under the influence of alcohol and received the back part of the victim's vehicle in front of the defendant's vehicle while the driver is unable to drive normally, resulting in the victim's injury, such as the chill and the tension that require approximately two weeks of medical treatment.

2. 도로교통법위반(음주운전) 피고인은 제1항 기재 일시경 서울 강남구 역삼동 뱅뱅사거리 부근에서부터 같은 구 C 앞 도로에 이르기까지 약 3km 구간에서 혈중알콜농도 0.227%의 술에 취한 상태로 B 옵티마 차량을 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The actual condition survey report;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act and the choice of imprisonment for a crime;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing of Article 62-2 of the Criminal Act shall be recommended.

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