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(영문) 서울남부지방법원 2013.06.07 2013고단1023
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 a car i30.

1. On March 15, 2013, the Defendant driven the said car while under the influence of alcohol of 0.203% of blood alcohol level on March 15, 2013, and driven the three-lane 23-21 of the Seoul Yangcheon-gu Seoul New Month along the two-lane 23-21 of the said car according to one lane in the direction of the air transport unit in the direction of the valley.

It is a road where a central line is installed, so in such cases, a person engaged in driving service has a duty of care to ensure the safe driving by properly seeing the front and rear left and observing the lane.

Nevertheless, the Defendant was unable to drive normally due to drinking, such as a red light, a walker, and a horse not being walked properly, etc., and due to the negligence of driving a central line while it is difficult to drive normally, and by the negligence of driving the Fone Star Cargo in accordance with one lane from the opposite direction to the traffic of the victim E (56 years old).

As a result, the Defendant suffered from the above occupational negligence the scarcity, etc. requiring two dynasty treatment to the above E, and the Defendant suffered from the victim G (V, 52 years of age) who was accompanied by the damaged cargo with three dynasty treatment.

2. While the Defendant was under the influence of alcohol level 0.203% at the above temporary border, the Defendant driven the said i30 vehicle from the front day of the Seoul Yangcheon-gu Office of Education to the front day of the 23-21st day of the same 23-21th day of the same month.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. G statements;

1. Report on actions taken against an employer, and report on the status of an employer, as well as the statement of an employer;

1. Application of Acts and subordinate statutes to medical certificates attached to a report on investigation (Submission of medical certificates);

1. The choice of imprisonment, as provided for in 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 each choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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