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(영문) 서울북부지방법원 2013.06.20 2013고단462
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

On July 16, 2009, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act at the Seoul Northern District Court on July 16, 2009, and was punished once more for the same crime.

1. On February 6, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was driven by driving CH car along the two-lanes of the above road while under the influence of alcohol by 0.228% from the surface of the Dobong License Examination site to the 3rd line in front of the Nowon-gu, Seoul Special Metropolitan City Nowon-gu Nowon-gu, Seoul Special Metropolitan City Nowon-gu, and the Dobong License Examination site to the 0.228% of the blood alcohol concentration.

In this case, there was a duty of care to safely proceed with the car line by checking well the front side of the person engaged in the vehicle driving business.

Nevertheless, the Defendant, while under the influence of alcohol, was unable to drive in a normal manner, changed the car line to a three-lane by the negligence of driving, and did not avoid the passenger car of the victim D(57 years old) which stopped at the front of the last three-lane, and did not match the front part of the Defendant’s math car with the front part of the said math car.

The Defendant suffered injury to the victim through occupational negligence as above, such as satisfinal finites, which requires approximately three weeks of treatment.

2. The Defendant violated the Road Traffic Act (driving) driving the said vehicle under the influence of alcohol with the blood alcohol concentration of 0.228% from the front day of the 300-meter road in Seoul Special Metropolitan City, Nowon-gu, to the above point of accident.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence of each traffic accident in D and E;

1. A traffic accident report (on-site investigation report) (1) (2);

1. Requests for appraisal;

1. Application of Acts and subordinate statutes of the general medical certificate;

1. The punishment provided for in Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act and imprisonment with prison labor for each crime; and

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