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(영문) 서울북부지방법원 2016.06.30 2016고단1572
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 December 14, 2009, the Defendant was issued a summary order of KRW 700,000 by the Seoul Northern District Court to a fine of KRW 1,50,000 for a crime of violating the Road Traffic Act, and a summary order of KRW 1,50,000 for the same crime by the same court on April 11, 201.

[Criminal facts] The Defendant is a person who is engaged in driving a DK7 car.

On January 15, 2016, the Defendant driven the said car in a state where it is difficult to drive normally due to the influence of alcohol 0.180% during blood transfusion at around 23:10, the Defendant driven the said car and driven the said three-lane in front of the Fju station in Seoul Special Metropolitan City, Nowon-gu along the two-lanes in the direction of the first intersection of the month.

Since the location is a road where signal lights are installed, drivers have a duty of care to live well on the front side and the left side of the course according to the new subparagraph and to safely proceed.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and did not properly conduct the front week, and instead proceeded with by negligence, and received the back part of HOtoba, which he drives by the victim G in the front of the Defendant’s car, as the front part of the Defendant’s car, and suffered injury, such as the Defendant’s salt, tension, etc. for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

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

1. Application of Acts and subordinate statutes recognizing dampness in light of the fact that reports on detection of drivers of drinking alcohol and inquiries about the results of crackdown on drinking driving have been repeated several times;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and the point of causing bodily injury to a driving of danger of punishment: Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the point of selective driving of imprisonment or imprisonment: Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of imprisonment or imprisonment;

1. The punishment provided for in the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier, shall be aggravated to the extent that the total sum of the long-term punishment of each of the crimes above is added.

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