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(영문) 서울북부지방법원 2017.05.25 2016고단2631
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

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

1. Around 20:30 on April 1, 2016, the Defendant was driving a Cone Star Cornex under the influence of alcohol concentration of approximately 0.272% from the section of approximately 3.2km in the direction of the 3.2km in Seoul Special Metropolitan City, Nowon-gu, to the front day of the 20:50 on the same day from the street road near the monthly basin in Nowon-gu, Seoul Special Metropolitan City, Nowon-gu.

2. The Defendant is a person who is engaged in driving of the Cone Star Corma in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk).

On April 1, 2016, the Defendant driven the said vehicle under the influence of alcohol level of 0.272% among the blood transfusion around 20:50, and led the Defendant to drive the said vehicle at a speed of 0.272%, which is located in the same as Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, bypassing three lanes among the three-lane roads in the direction of the west direction from the west direction to the west direction.

In such cases, the driver of the vehicle has a duty of care to check the right and the right and the right of the front and the right before the right and the right of the right and the right of the right of the right and the right of the right

Nevertheless, the Defendant neglected this and was driven by the victim D (36 years old) who was standing in the front of the vehicle in front of the vehicle driven by the Defendant, which was driven by the victim D(36 years old) who was under the influence of the vehicle due to the negligence that was driven by the Defendant due to his or her negligence.

As a result, the Defendant driven the above van while it is difficult to drive the car normally due to the influence of drinking, and suffered injury to the victim D and the victim F (the age of 32), respectively, by suffering from the injury of the climatic salt, etc. requiring approximately two weeks medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Written statements of D;

1. A survey report on actual conditions;

1. A notice of the completion of traffic, or a main driving report;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 148-2 of the Road Traffic Act concerning criminal facts.

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