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(영문) 서울서부지방법원 2015.06.30 2015고단573
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

The Defendant also is a person who is engaged in driving of a cargo vehicle.

The Defendant, at around 00:50 on February 2, 2015, drive the said cargo while under the influence of alcohol at a 0.166% of the blood alcohol concentration, while driving the said cargo on his/her duty, and driving the second line of the Seoul Mapo-gu Seoul Metropolitan Government D along the upper zone from the north side of the riverside.

The U.S. came to be an intern.

At the time, there are nights and where there is a center line of yellow solid lines, so the defendant engaged in driving motor vehicles had a duty of care to prevent accidents by living the front line well and by making a U-turn at the permissible point of the U-turn.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so, and was driven by the injured party E(the age of 37) who was driving in one lane in the opposite direction due to the negligence of the center line, and was driven by the injured party E(the age of 37) in front of the left-hand side of the freight vehicle.

As a result, the Defendant suffered injury, such as salt, tension, etc. in a state of difficulty in driving normally due to the influence of drinking, by negligence in the above business, which requires approximately three weeks medical treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A E-document;

1. The actual condition of traffic accidents;

1. A report on detection of a host driver;

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

1. Application of Acts and subordinate statutes to investigation reports (the confirmation of details of insurance coverage and damage);

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

1. From among concurrent crimes, Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act [the punishment shall be increased by concurrent crimes stipulated in the Act on the Aggravated Punishment, etc. of Specific Crimes (within the scope of adding up the long-term punishment of the above two crimes) and the lower limit shall be that of the violation of the Road Traffic Act (the crime of running a sound driving).

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