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(영문) 서울중앙지방법원 2012.12.27 2012고합1450

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for one year.

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

The defendant is a person who is engaged in driving of a DNA cargo vehicle.

On September 3, 2012, at around 20:20, the Defendant, without a driver’s license for a motor vehicle, driven a booming vehicle with a blood alcohol concentration of 0.218% under the influence of normal driving, and led to the driving of the bridge 2nd line of the f39-dong, Seongbuk-gu, Seoul, along a one-lane from the side of the bridge to the side of the granc line.

At night, vehicles in front of the night are stopped and waiting for signal, so in such a case, the driver of the vehicle has a duty of care to accurately operate the steering gear and brake system of the vehicle, not to drive the vehicle at such a speed or in such a manner as to endanger and interfere with others according to the road traffic situation and the structure and performance of the vehicle, and the driver of the vehicle has a duty of care to safely drive the vehicle in front and in advance by safely examining the situation of the vehicle in front and in advance.

Nevertheless, the Defendant neglected to drive a Poter cargo vehicle in a state where normal driving is difficult due to the influence of alcohol while driving the Poter cargo vehicle at the front of the same lane, and concealed the back part of the driver vehicle in the F-high speed vehicle driven by the victim E (the age of 69) on the front-hand part of the Defendant vehicle to the front-hand part of the vehicle, and led the back-hand part of the passenger vehicle driven by the victim G (the age of 60) who was parked in front of the vehicle, with the front-hand part.

Ultimately, the Defendant, by such occupational negligence, led victims E to undergo approximately two weeks of medical treatment, such as fluoral dysium, etc., and fluoral dysium, requiring victims G to undergo approximately three weeks of medical treatment, and the victim I (V, 30 years of age) who was on a passenger car and was on a hysium, etc., and the victim J (1 year of age) needs to undergo approximately two weeks of medical treatment.