(영문) 서울남부지방법원 2015.03.20 2015고단180

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(영문) 서울남부지방법원 2015.03.20 2015고단180

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for six months.

However, 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 driver of the BP car.

1. On December 22 and 35, 2014, the Defendant driven the said vehicle while under the influence of alcohol content of 0.137% without a driver’s license, from a direction of about about 300 meters from the brea-distance ahead of the brea-distance in Yangcheon-gu Seoul Metropolitan Government, to the front side of Yangcheon-gu Seoul Metropolitan City.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was driving the said car at the time and time set forth in paragraph 1, and one lane between four lanes in front of Yangcheon-gu Seoul Metropolitan Government C, in the direction of a sub-section.

At the time, the Defendant, as stated in Paragraph 1, neglected his duty of care in a state where normal driving is difficult due to influence of drinking, and was negligent in the course of his duties, and was driven by the victim D (the age of 58) who was under a stop according to the vehicle stop signal in front of the Defendant’s driving direction, and continued to drive the part behind the vehicle by the victim F (the age of 43) who was under a stop in front of the said victim D driving taxi, and continued to drive the part of the vehicle by the victim F (the age of 43) who was under a stop in front of the said victim D driving.

Ultimately, the Defendant suffered, from the above occupational negligence, around two weeks, the fluoral finites in need of treatment to the victim D, and the finites in the bones of the bones requiring approximately two weeks of treatment to the victim H(52 years of age), and the victim F in need of approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of I, D, F, and H;

1. Reports on the occurrence of each traffic accident;

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

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Aggravated punishment of specific crimes provided for in the corresponding Article of the Criminal Act.

참조조문

-도로교통법

-특정범죄 가중처벌 등에 관한 법률

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