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(영문) 서울남부지방법원 2014.11.07 2014고단3569
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. A 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 rocketing

On September 14, 2014, the Defendant driven the said car while under the influence of alcohol of 0.195% of blood alcohol concentration around 14:06, and stopped the front of the 37-1-lane of Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul at the seat of the new hospital and stopped at one-lane of the three-lane roads from the surface of the new hospital to the surface of the Youngpo market.

At the same time, there was a duty of care to maintain the distance between the persons engaged in the driving of motor vehicles as well as to operate the brake and steering gear accurately and safely.

Nevertheless, the Defendant, under the influence of alcohol, was negligent in not operating the brake system accurately under the influence of normal operation, and was driven by the victim C(the age of 39) under the influence of the vehicle under the influence of alcohol, and was charged with an injury to the victim, such as light fluoral salt, which requires approximately three weeks of medical treatment.

2. A violation of the Road Traffic Act (driving) was driven by the Defendant under the influence of alcohol of approximately 200 meters in the section of approximately 0.195% of blood alcohol concentration from the front of the Samsung Bio Life Building located in Yeongdeungpo-gu Seoul Metropolitan City, Yeongdeungpo-gu to the front of the same 37-1-ro 25-1 of the former Young-gu, Yeongdeungpo-gu.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Report on the statement of the situation of a drinking driver, report on the state of a drinking driver, and report on the state of a drinking driver;

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 and Article 38(1)2 of the Criminal Act are applicable;

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