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(영문) 서울남부지방법원 2015.08.20 2015고단2646
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 16, 2007, the Defendant received a summary order of KRW 1.5 million from the Seoul Southern District Court to a fine of KRW 1.5 million, and on August 2, 2010, a summary order of KRW 1.5 million was issued from the Seoul Southern District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act.

1. The defendant is a person who is engaged in driving service on the CA110 Obama, against the Act on the Aggravated Punishment, etc. of Specific Crimes;

Around 08:30 on June 3, 2015, the Defendant driven the above Oba, and driven the roads in front of the Djuju station in Yangcheon-gu Seoul Metropolitan Government, with four-lanes of the 4-lane roads from the new ebba-distance flooding surface to the new eba-lanes.

In such a case, although a person engaged in driving of a motor vehicle has a duty of care to drive a motor vehicle in a safe manner by properly examining the right and the right and the right of the motor vehicle, the defendant, by negligence, driven by the victim E (the aged 30) who was in the atmosphere of the signal at the bend of the bend of the math, while driving a motor vehicle with a blood alcohol concentration of 0.231% under the influence of alcohol concentration.

As a result, the Defendant suffered injury to the victim, such as the full-time and full-time care in need of approximately two weeks of treatment due to the above occupational negligence.

2. Although the Defendant had been punished for driving under the influence of alcohol more than twice as above, the Defendant was driving the above urbly under the influence of 0.231% of alcohol concentration at the same time and at the same place as the above paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A E-document;

1. A traffic accident report;

1. A report on the actual state of the driver;

1. A medical certificate;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (1) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning criminal facts;

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