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(영문) 서울동부지방법원 2018.07.26 2018고단1526
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six 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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or injury caused before the risk) is a person who is engaged in driving a vehicle of Category B new character.

On April 11, 2018, the Defendant driven the above vehicle under the influence of alcohol content of 0.143% among the blood transfusions, while normal driving is difficult, and led the front road of Gwangjin-gu Seoul Special Metropolitan City to drive the vehicle at the speed of the film company in the direction of the distance between the film company and the screen site in the direction of the film company.

As above, the Defendant, while under the influence of alcohol, did not neglect his duty of care to prevent accidents by accurately operating the brakes and steering gear, and proceeded as it is, while neglecting his duty of care to prevent accidents, and shocked the back part of the Eknife vehicle of the victim D(45 years old) who was waiting in the signal at the front of the road.

As above, the Defendant, while driving a motor vehicle in a state where normal driving is difficult due to the influence of alcohol, sustained bodily injury, such as the victim D, the victim F (the age of 68), and the victim G (the age of 43) who need two weeks medical treatment.

2. The Defendant, at the time of the day specified in the above paragraph 1, driven a Category B New C car while under the influence of alcohol content of about 0.143% from the blood in the 4km section of Gangdong-gu Seoul Metropolitan Government to the front road of Gwangjin-gu Seoul Special Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of H and I;

1. A table of a report on detection of drivers of drinking alcohol and records of measurement of drinking alcohol;

1. A survey report on actual conditions;

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

1. Article 148-2 (2) 2 and Article 44 (1) of the Traffic Act concerning the facts constituting an offense, and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily harm to the driving of a motor vehicle) concerning the same offense;

1. Selection of each sentence of imprisonment;

1. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 (Concurrent Punishment) of the Criminal Act shall be more severe.

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