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(영문) 서울서부지방법원 2015.01.29 2014고단2953
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. On October 2, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused by Dangerous Driving) (hereinafter “Aggravated Punishment, etc.”) was driving forward at a speed slow by driving of the Ewing-3 Cargo Vehicles while under the influence of alcohol concentration of 0.104% under the influence of alcohol level in Yongsan-gu Seoul, Yongsan-gu, Seoul.

In this case, there was a duty of care to operate the steering system and the steering system properly by properly manipulating the steering system and the steering system while living well in the rear.

Nevertheless, under the influence of alcohol, the Defendant did not neglect this and did not properly operate the brake system and so on, caused the victim F(21 years of age) who was passed at the later bank, and caused the above f(21 years of age) between the 3 freight car and the electric telegram.

As a result, the Defendant driven the above 3 cargo vehicles in a state where normal driving is difficult due to influence of drinking, and suffered injury, such as minculization of the right booms, which requires treatment for about 8 weeks.

2. On the date and time set forth in paragraph 1, the Defendant driving the above 3 truck while under the influence of alcohol content of about 0.104% in a section of approximately 200 meters from blood alcohol level to D in front of Yongsan-gu Seoul Metropolitan City, Yongsan-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. A statement prepared by the F;

1. The actual condition of traffic accidents;

1. A report on detection of a host driver and a report on the circumstantial statement of a host driver;

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, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the same Act concerning the crime (Options of Imprisonment);

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;

1. The fact that the occurrence of the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act has occurred, but the main state was serious to the extent that he was diving from driving seat, and the victim is the victim.

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