beta
(영문) 서울북부지방법원 2014.12.23 2014고단3008

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 02:30 on June 28, 2014, the Defendant was driving a C-Adi vehicle while under the influence of alcohol of 0.159% of the blood alcohol content from the front side of the “Sdong cafeteria” located in Dongdaemun-gu Seoul, Dongdaemun-gu to the front side of the Dongdaemun-gu Seoul Dongdaemun-gu Seoul.

2. The Defendant of the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven the said car at the temporary border stipulated in Paragraph 1, and proceeded to a maximum of 40 km in speed from the breadth of the four-lane road prior to the said gate gate gate gate gate gate gate gate gate to the long long distance gate gate gate gate.

At the time, it was difficult to view the front door door at night, and the place is a large place for pedestrians, and thus, there was a duty of care to drive safely by reducing speed or changing the lanes and the right and the right of the driver.

Nevertheless, the Defendant, while under the influence of alcohol, got the victim D(the age of 72) who was drinking in the front door of the car and pushed the fingers in the front door of the car in excess of the floor on the same day, caused the victim to die due to a tent, etc. at the Hanyang University Hospital around 10:43 on the same day.

Accordingly, the Defendant was driving the said car in a situation where normal driving is difficult due to the influence of drinking, resulting in the death of the victim.

3. The Defendant violated the Guarantee of Automobile Accident Compensation Act, like the foregoing paragraph (1), operated the said automobile without mandatory insurance, on the front side of the Dongdaemun-gu Seoul Metropolitan Government 14, the vehicle headed in Dongdaemun-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer in relation to E, F and G;

1. A supplementary statement stating the H’s occurrence of traffic accidents;

1. Statement 1. The circumstantial statement of an employee;