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(영문) 서울남부지방법원 2014.09.26 2014고단2933
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 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 PP car amount.

On July 15, 2014, the Defendant was under the influence of 0.143% of blood alcohol concentration around 18:45 on July 15, 2014, and, at the same time, the three-lane roads in front of the construction site in the Gangseo-gu Seoul Metropolitan Government Yangcheon-ro 311 were driven at a ethic speed depending on two-lanes from the ethic ethic ethic ethic ethic

At the same time, there was a tri-distance intersection where signal lights are installed, so in such cases, the person engaged in the driving of motor vehicles had a duty of care to prevent accidents in advance by driving the preceding vehicle with a view to keeping the situation of the progress of the preceding vehicle in mind.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in neglecting the duty of an all-time driver, found the Dent-top vehicle driven by the victim C(the age of 44) who was in the front of the signal at the front of the day by negligence, and took a sudden action, but the Defendant did not avoid the vehicle, but received the part of the victim's vehicle back part of the passenger vehicle at the front of the vehicle.

As a result, the Defendant suffered injury to the victim through occupational negligence as above, such as saved salt saves that require two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A certificate of measurement of drinking alcohol;

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

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

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

1. Article 62 (1) of the Criminal Act (i.e., confessions and reflects, subscription to comprehensive insurance, and absence of serious criminal records exceeding fines);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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