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(영문) 서울서부지방법원 2016.11.15 2016고단1719
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On May 21, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was driven by CK5 cars under the influence of alcohol at the 41-1 E-Mapo Public Parking Lot in Mapo-gu Seoul, Mapo-gu, Seoul, and at 0.202% alcohol level.

In such cases, the driver has a duty of care to safely operate the steering system by properly operating the steering and steering system.

Nevertheless, while under the influence of alcohol, the Defendant was negligent in stopping the vehicle in front of the Defendant’s vehicle, and the victim D owned by the victim EMW vehicle was placed in front of the Defendant’s vehicle.

In the end, the defendant divided the words into two by drinking, the pedestrian walk is clear, and the blood color is red, and the victim was injured by the fluoral salt fluoral fluor requiring treatment for about two weeks by driving a car in a red state.

2. The Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (Driving without a license) and the Defendant driven CK5 cars while under the influence of alcohol with a level of 0.202% of alcohol alcohol without obtaining a driver’s license in the section of the Mapo-gu public parking lot on a temporary basis, such as paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Investigation report on the actual condition of traffic accidents, report on the detection of drinking drivers, report on the circumstantial statements of drinking drivers, and register of driver's licenses;

1. Investigation report (Application of the Meremark Official Form);

1. A medical certificate;

1. Application of the photographic Acts and subordinate statutes;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act (the point of a sound driving) and subparagraphs 1 and 43 of Article 152 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the crime of running under the Road Traffic Act).

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