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(영문) 서울북부지방법원 2018.07.12 2018고단1952
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a driver of Bsch Rexroth car.

1. On April 8, 2018, the Defendant driving the above vehicle while under the influence of alcohol content of 0.15% in blood transfusion around 19:30 on April 8, 2018, and driving the vehicle at a speed of 0.15% in order to drive the vehicle in the direction of 0.15% in front of Seongbuk-gu Seoul Metropolitan Government roads in front of the front of the road in the direction of the distance from the face of the advertisement room.

In such cases, since a person engaged in the business of a motor vehicle has a difficulty in normal driving due to influence of alcohol, he/she shall not drive a motor vehicle, and he/she has a duty of care to accurately manipulate the steering direction and brake system of the motor vehicle and prevent the accident in advance.

Nevertheless, the Defendant neglected to do so and negligently driven while driving under the influence of alcohol as above, received the back part of the victim D (64 Systanon taxi) driving in front of the Defendant’s driving vehicle prior to the same direction, and suffered approximately two weeks of light climatic salt, etc., which requires approximately three-day medical treatment to the victim F (36 ).

2. While the Defendant was under the influence of alcohol concentration of 0.15% in a daily border, such as the preceding paragraph, the Defendant driven the said vehicle from the front of the H cafeteria in Seongbuk-gu Seoul Metropolitan Government to the point of the said accident at approximately KRW 1km.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of each traffic accident;

1. A traffic accident report;

1. Each written diagnosis;

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

1. Application of Acts and subordinate statutes to report on investigation (report on the situation of the driver in charge);

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes under the relevant Act on the crime, and Articles 148-2 and 144-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

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

1. Selection of the penalty;

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