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(영문) 서울서부지방법원 2012.12.27 2012고합431
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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a Csch Rexton car.

On August 15, 2012, the Defendant driven the said car at a speed of 0.180% with a blood alcohol concentration of 0.180% on August 15, 2012, and continued five lanes in front of the exit of the Seoul Mapo-gu Seoul Metropolitan Government 1, the mix of five lanes in front of the exit section 1, the mix-dong of the Mapo-gu Seoul Metropolitan Government, at a speed of 20km per hour from the direction of the mix.

At the time, there was a duty of care to give notice of change of course to a person engaged in driving service by direction, etc., and to change the course safely by taking into account the traffic situation of the front and rear left, since the change of the vehicle was made at night.

Nevertheless, the Defendant neglected to drive normally due to the above influence of alcohol, and neglected to do so, caused the victim D(33 years old) to drive the ENF so that he was driving ahead of the four-lane due to the negligence of changing the course as is, and received the rear part of the ENF Sota car driven by the Defendant as the front part of the car driven by the Defendant, and suffered from the climatic salt, etc. requiring approximately two weeks medical treatment for the victim due to the shock.

2. The Defendant violated the Road Traffic Act (driving) at the same time and time as paragraph (1) of this Article, the Defendant driven the said car under the influence of alcohol with a blood alcohol concentration of about 0.180% at the section of about 20 meters from the drinking house near Mapo-gu Seoul Metropolitan Government to the front road of the exit of the Seoul Mapo-gu, Seoul Metropolitan City, a point of accident.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual condition of traffic accidents, and the report on the circumstantial statement of a drinking driver;

1. Photographs of an accident-type;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 148-2 (2) 2 of the Road Traffic Act.

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