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(영문) 서울중앙지방법원 2015.11.04 2015고단5441
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

except that 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 June 22, 2015, the Defendant driven B Otoba while under the influence of alcohol of 0.120% of blood alcohol concentration on 04:55, and proceeded three-lanes in front of the Gangnam Middle School located in the 15-gil, Dongjak-gu, Seoul Metropolitan Government, at a speed that is impossible to identify one lane from the edge of the naval hall to the intersection of the Boando Center.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and there was a duty of care to prevent accidents in advance by accurately operating the front side and the left side and the left side and the steering system, and by safely operating the steering gear and the steering system.

Nevertheless, the Defendant neglected to do so, while being drunk with 0.120% alcohol level, the Defendant got the central separation zone on the left side of the front side of the Defendant’s driving vehicle, due to the negligence of driving in the state where it is difficult to drive normally due to the influence of drinking, such as being in an inaccurate, smelling in in an inaccurate form, red and snow booming, and thus, the Defendant got the front wheels of the Defendant’s driving vehicle.

Ultimately, the Defendant suffered, by negligence in the above business, the injury to the victim C(the age of 22) who was on the back of the Otoba, and the injury to the victim C(the age of 22) who was on the back of the Obaba, requiring approximately four weeks of treatment, and the injury to the victim D(the age of 23), which requires approximately 16 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of each traffic accident in C and D;

1. The actual survey report on traffic accidents;

1. Report on the circumstantial statements of a drinking driver, records on drinking measurements, and report on the detection of a drinking driver;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed under the relevant Act on the Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of a drinking run);

1. Commercial concurrence;

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