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(영문) 서울남부지방법원 2016.10.13 2016고단3557
특정범죄가중처벌등에관한법률위반(위험운전치상)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 of the final judgment.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving of Bone Star bus in violation of the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury).

On July 13, 2016, at around 01:35, the Defendant driven the above van, and led to the road of three-lanes in front of the exit of 173 in the valley of Gangseo-gu Seoul, Gangseo-gu, the Gangseo-gu, the Gangseo-gu, the erode of which is located at a eromatic speed.

Since there is a pedestrian crossing on which a signal, etc. is installed, there was a duty of care to prevent accidents by properly examining whether there is a pedestrian walking the crosswalk.

Nevertheless, the Defendant, while under the influence of alcohol 0.139%, was able to drive a car normally due to the influence of alcohol, received the victim C (the age of 61) who dried a crosswalk in accordance with the new subparagraph (the age of 61) from the Defendant’s driver in front of the car.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as sugar in which there is no room to treat the victim for about two weeks open.

2. The Defendant violated the Road Traffic Act (driving) at the same time and time as the above paragraph (1) of the same Article, from the 2nd day of the Gangseo-gu, Gangseo-gu, Seoul to the 2nd day of the Seororo 27-ro, Gangseo-gu, Gangseo-gu, Gangseo-gu, Seoul, the Defendant driven the above Lone Starex under the influence of alcohol content of about 0.139% from the 15m section to the crosswalk in front of the exit 173, Gangseo-gu, Seoul

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. C statement on the occurrence of a traffic accident;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

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

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) 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 (a point of a drinking run);

1. Selection of penalty:

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