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(영문) 서울북부지방법원 2014.03.06 2014고단111
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 2, 2014, at around 02:45, the Defendant was driving the said cargo vehicle without a driver’s license while under the influence of alcohol with a blood alcohol concentration of 0.187% from the remote distance of Cheongyang-dong, Dongdaemun-gu Seoul Metropolitan Government.

At night and its place is a six-lane road from which vehicle traffic is high, so there was a duty of care for those who are engaged in driving duties of motor vehicles to live well on the front door and to prevent accidents by properly manipulating the steering direction and brake system.

Nevertheless, the Defendant, as seen above, was under the influence of alcohol without a driver’s license and was negligent in not properly operating the steering and steering devices, and was under the influence of the Defendant, due to cleaning work from the front side of the direction of the Defendant, he was in front of the above cargo vehicle in which the Defendant is driving.

In the end, the Defendant suffered from the injury of the victim D (57) who was working behind the 2nd trucking cargo due to drinking, such as red, unfolding, walking, snowing, etc., resulting in the injury such as the damage of the chest military beer, etc. which requires approximately 6 weeks of medical treatment, and the injury of the victim E (the 36th age), who was on board the 2nd trucking cargo driving by the Defendant, to whom approximately 6 weeks of medical treatment is needed for the said victim E (the 36th age), respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the F, G, H, and I;

1. Application of Acts and subordinate statutes to a traffic accident report, the primary launch report, the insurance certificate, the field photograph, and each medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Imprisonment with prison labor chosen;

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