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(영문) 서울중앙지방법원 2013.06.14 2012고단3359
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of the CM5 vehicle.

On February 12, 2012, at around 09:30, the Defendant driven the said car while under the influence of alcohol of 0.152% of blood alcohol concentration, and the Defendant driven the said car along two-lanes of the second line in front of 380-1, Seongbuk-gu Seoul, Seongbuk-gu, Seoul, the second line in front of 380 was driven along the national university from the roadside basin to the national university.

In such cases, the driver has a duty of care to prevent accidents and safely drive the driver by thoroughly operating the front-time and operating the steering system accurately.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so and did so, conflict with the traffic sign board board set up on the right side of the moving direction at the front side of the driving direction.

As above, the Defendant driven a car in a situation where normal driving is difficult due to the influence of alcohol, and caused the victim E (the age 20) who was on the top of the operation of the said car to suffer approximately 8 weeks of medical treatment, and caused the injury to the victim E (the age 19) who was on the back seat of the said car, such as the influence of treatment days due to the influence of treatment days, and the injury to F (the age 20) such as the influence of the treatment days on the left-hand side of the treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1), 2 (2);

1. Control note;

1. A written report from an employee of an employer;

1. A report on the actual state of the driver;

1. A report on investigation (a diagnosis of a victim and a written statement attached) and each written diagnosis attached thereto and each written statement;

1. Investigation report (for the purpose of applying the Madmark);

1. Application of Acts and subordinate statutes to report on investigation (to hear statements from a victim);

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 Road Traffic Act, as to the crime committed under the corresponding Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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