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(영문) 서울서부지방법원 2017.02.09 2016고단3860
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 3, 2016, the Defendant driven BM5 car with alcohol content of 0.106% in around 01:20, while under the influence of alcohol, and proceeded with 7-lane 7 lanes near the 211 Triang Road as in Yongsan-gu Seoul Metropolitan Government, Yongsan-gu, Seoul, at a speed of 6 lanes from the south to the south area.

In such cases, the driver of a flat motor vehicle has a duty of care to prevent accidents in advance by accurately manipulating the traffic situation, steering system, etc.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim C, who was under a stop for the signal waiting at the front section of the Defendant’s vehicle due to negligence while neglecting the front section of the vehicle. The Defendant was driven by the victim C, who was under a stop for the signal waiting at the front section of the Defendant.

Ultimately, the Defendant driven the said car in a state where normal driving is difficult due to influence of drinking, and sustained injury such as dump, tension, etc. to the victim C by driving the said car, and causing injury to the victim E of the said taxi, such as cump, tension, etc. requiring approximately two weeks of medical treatment, and injury to the victim E of the said taxi, such as cump, tension, tension, etc. requiring approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. Each written diagnosis;

1. Application of the Acts and subordinate statutes governing vehicle photographs and black stuff images;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, and Article 148-2 (2) 2 and Article 44 of the Road Traffic Act concerning the punishment of the crime, the choice of imprisonment for each sentence;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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

1. The reason for sentencing of Article 62(1) of the Criminal Act is as follows.

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