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(영문) 서울동부지방법원 2012.11.08 2012고합471
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 after the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 22, 2008, the Defendant was sentenced to a fine of KRW 1,00,000 as a crime of violation of the Road Traffic Act at the Seoul Eastern District Court on August 22, 2008, and a fine of KRW 3,00,000 as a same crime at the Seoul Western District Court on May 18, 2009.

The defendant is a person who is engaged in driving a motor device or bicycle without a license plate.

On August 31, 2012, around 05:40 on August 31, 2012, the Defendant written the instant indictment with 0.15% alcohol content, but according to the records (e.g., evidence records 19 pages, 20 pages), it appears to be a clerical error of 0.145%, which is corrected and recognized as above.

While driving a bicycle not covered by mandatory insurance while under the influence of alcohol and driving a road without the distinction of the lanes 252-130 prior to the 252-130-dong, Gwangjin-gu, Seoul Special Metropolitan City, by driving the bicycle, the victim C(43 years of age) who was walking the way in the same direction is not discovered and is difficult to drive normally due to the influence of drinking, due to negligence in the course of driving the bicycle, the part of the bicycle driving by the defendant's driving in front of the victim's lux and the bridge portion was shocked to the ground.

As a result, the Defendant suffered injury to the victim, such as the definite finite, which requires approximately two weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Reports on occurrence of a traffic accident and reports on a traffic accident;

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

1. A written statement of the occurrence of a traffic accident C;

1. A medical certificate;

1. Inquiry into mandatory insurance;

1. Photographss related to traffic accidents;

1. Previous records: Application of inquiry statements, investigation reports (previous records and confirmation reports) and other criminal records, and other Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of drinking and the choice of imprisonment), the aggravated punishment for specific crimes, etc.

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