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(영문) 서울북부지방법원 2018.11.01 2018고단3354
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

The defendant is a person who is engaged in driving a car in CMW 320.

On July 20, 2018, the Defendant, while under the influence of alcohol of 0.142% during blood, changed the lane to one lane while driving the road above the 31-lane high-speed roadway in Seoul Special Metropolitan City, Nowon-gu, along the same route, from the station at the entrance of Taeneung to the parallel of the two-lane.

In such cases, there was a duty of care to prevent accidents, such as making a person engaged in driving a motor vehicle well see the front, rear, left, and left well, and accurately operating the steering and brakes, etc.

Nevertheless, when the defendant neglected to drive normally due to influence of alcohol and has changed the way of driving in the same direction as that of the victim D(71 ) who driven one lane in the same direction, the defendant shocked the front part of the Eststy cab driven in the same direction as that of the defendant D(71 ) by the defendant as the front part of the above BMW car of the defendant, and as a result, the defendant's above BMW car of the defendant, was pushed back to the front part of the f (30 years old) which was driven by the victim F. (30 years old) who observed the accident and stopped in the future.

Ultimately, the Defendant suffered, from the above occupational negligence, the injury to the victim D, such as a dys of dys of dys of dys of dys of fys of fys of 4 weeks, and the injury to the victim F, such as a dys of dys of gys of sys of sys of sys of sys of sys of

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of each traffic accident;

1. A report on traffic accidents and a survey report on actual condition;

1. Each written diagnosis;

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

1. An accident scene photograph;

1. Application of Acts and subordinate statutes to report on investigation (report on the situation of the driver in charge);

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (a point of injury or injury caused by dangerous driving) and Article 148-2 of the Road Traffic Act concerning the crime.

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