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(영문) 서울동부지방법원 2017.04.28 2017고단175
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) is a person engaging in driving a motor vehicle B.

On December 21, 2016, the Defendant driven the said vehicle under the influence of alcohol level of 0.224% from blood alcohol level of 23:50, while driving the said vehicle under the influence of normal driving, such as 0.224% of red and fluoring off, and driving the intersection of the shooting distance from the northwest of the 619 Olympic Winter-gu Seoul Special Metropolitan City, the Defendant was under the influence of driving the said vehicle on the right side of the Defendant’s vehicle at the front of the f19 Olympic Winter-gu, Seoul Special Metropolitan City (Seoul Special Metropolitan City Gwangjin-ro), while driving the intersection of the shooting distance from the north northwest of the 619 Olympic Winter-gu, the Defendant was under the influence of alcohol by negligence going to the left-hand turn and going to the right side of the Defendant’s vehicle.

As a result, the Defendant suffered from the victim E, who was on board the said taxi, about a four-day period of medical treatment, around 2 weeks of crypted salt crypted, etc., and at the same time suffered from the victim F, who was on board the said taxi, about 2 weeks of medical treatment.

2. On the date and time set forth in paragraph 1, the Defendant driven the vehicle under the influence of alcohol leveling 0.224% from a 300-meter section from the 300-meter radius to the place described in paragraph 1 on the day front of the square, Dong-dong, Seoul Special Metropolitan City Square, or the day before the luxum gate.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual conditions;

1. Accident video CDs;

1. A report on the detection of a primary driver;

1. A paper of measurement of drinking alcohol;

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

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between violations of the Act on the Aggravated Punishment, etc. of Specific Crimes);

1. Punishment;

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