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(영문) 서울북부지방법원 2016.07.14 2016고단1507
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On June 8, 2012, the Defendant was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act at the Seoul Southern District Court, and was sentenced to a fine of three million won for a crime of violating the Road Traffic Act at the Seoul Central District Court on July 24, 2007, and a fine of seven hundred thousand won for a crime of violating the Road Traffic Act at the Incheon Central District Court on February 12, 2007.

[Criminal facts] The Defendant is a person engaging in driving a vehicle BM5 vehicle.

On April 9, 2016, the Defendant driven the said car under the influence of alcohol content of 0.125% during blood transfusions, and driven the roads of 317 lanes in Seoul Special Metropolitan City, Nowon-gu, and the roads of 3-lanes at the entrance intersection at the winter-dong Induc University at the monthly intersection between the 1st intersection and the monthly intersection between the two-lanes in the direction of the two-lanes.

Since there is an intersection where signal lights are installed, there was a duty of care to safely drive a motor vehicle according to the signals of signal apparatus by reducing speed to a person engaged in driving the motor vehicle and keeping the right and the right of the road well.

Nevertheless, due to influence of alcohol, the Defendant neglected to drive a car in a state where it is difficult for the Defendant to drive the vehicle but proceeds from the stop signal, and received the part of the driver's seat of the victim C(69) for the left-hand turn from the left-hand side of the running direction to the left-hand turn in accordance with the left-hand turn.

As a result, the Defendant suffered injury to the victim by occupational negligence, such as the pipe and tension of the wooden part, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of a traffic accident C;

1. A traffic accident report (on-site investigation report);

1. Inquiries about reports on detection of drivers of drinking alcohol and the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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