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(영문) 서울중앙지방법원 2015.05.15 2015고단1793
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a car B.

On February 4, 2015, at around 05:55, the Defendant driven the said car while under the influence of alcohol of 0.154%, and continued to proceed bypassing the intersection of Gangnam-gu Seoul Metropolitan Government along three-lanes from the scam distance to the xx-distance.

In such cases, the driver of a motor vehicle has a duty of care to accurately operate the steering gear and brakes, to check the safety of course by checking the steering direction and the right and the right and the right of the motor vehicle, and to refrain from driving a motor vehicle in a situation where normal driving is difficult due to drinking.

Nevertheless, the Defendant did not avoid the victim D Driving E-car, which was set up on the right side from the left side to the left side in accordance with the Marina Ba, due to the negligence of the Defendant’s negligence while under the influence of alcohol, and received the victim’s right side side part of the passenger car with the front part of the Defendant’s car.

Ultimately, the Defendant suffered injury, such as climatic salt, which requires approximately two weeks of medical treatment, due to negligence in the course of performing duties, while driving a motor vehicle in a situation where normal driving is difficult due to drinking.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Written statements of D;

1. The actual survey report on traffic accidents;

1. The circumstantial statement of the employee;

1. Each photograph;

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

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving), Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the choice

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The circumstances such as the fact that the suspended execution is divided into the errors in Article 62 (1) of the Criminal Act, the fact that there is no criminal record of imprisonment without prison labor or heavier punishment, and the fact that automobile comprehensive insurance is subscribed; and

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