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(영문) 서울남부지방법원 2016.07.14 2016고단2137
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 8, 201, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) at the Seoul Southern District Court on September 8, 201, and on October 21, 2015, the Defendant received a summary order of KRW 5 million as a crime of violating the Act on Special Cases Concerning the Settlement of Traffic Accidents and a crime of violating the Road Traffic Act (drinking driving).

On April 15, 2016, the Defendant, without a driver’s license, was under the influence of 0.112% of alcohol during blood while driving a vehicle of 0.112%, and the Defendant, while driving a vehicle of 3-laned road of 92 Part Gangseo-gu Seoul, Gangseo-gu, Seoul, to diving off from the air base of Kimpo Airport, due to the negligence of neglecting the duty of care to prevent accidents due to the failure of accident, and thereby neglecting the duty of care to prevent accidents due to the negligence of driving Ei30 Ei30 of 40 years old driving ( South, 40 years old) to the front part of the car of 1.30 years old driving, the Defendant was under the influence of alcohol and sustained by the victim D and the above 130 vehicle with the need for treatment, such as injury to the victim D and the above 130 vehicle (the 37 years old and the above 37 years old).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each statement of D and F;

1. Each written diagnosis;

1. The driver's license ledger;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. Application of Acts and subordinate statutes to traffic accident reports;

1. The point of causing injury or injury to the driving of dangerous accidents under Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime: The point of driving under O-licensed driving under Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act: Article 152 subparagraph 1 and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (i) Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes: A crime is committed against the victim F with heavier judgment.

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