beta
(영문) 서울중앙지방법원 2014.07.25 2014고단3758

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for six 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 22:10 on May 9, 2014, the Defendant driven BK9 car while under the influence of alcohol content of approximately 0.199% in the section of approximately 2km to the roads front of the Seocho-gu Seoul Seocho-gu Seoul Western Highway, which was a 193 Meet of the Dratulation, and around 22:30 on the same day, from the day before the 193th day of the Dratulation of the Dratulation of the Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government.

2. On May 9, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven B 9 automobiles while under the influence of alcohol at least 0.199% in blood alcohol concentration as described in paragraph (1) on the roads adjacent to the Seocho-gu Seoul Southern-gu Seoul Metropolitan City along the south-gu Southern Circulation, while driving B 9 automobiles at the speed of 0.19% in the middle of the 5-lane between both sub-ICs.

At the time, at night, the traffic condition was the traffic condition, and in the same direction, the victim C (n, 63 years old) driven ahead of the same direction followed the behind of the driver's car. In such a case, there was a duty of care for the person engaged in the driving business to properly operate the brake while properly operating the brake.

Nevertheless, the Defendant neglected this and failed to properly operate the operation of the operation system while under the influence of alcohol, and due to the negligence that led to the Defendant’s failure to keep the operation of the operation system properly, and thereby, was driven by the victim who was driving the same lane as the driver in front of the car of the Defendant.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to influence of alcohol, and suffered injury to the victim E (the aged 67) who was on board the car driving by driving the said car for about three weeks, such as catitis which requires treatment for about three weeks, and suffered injury to the victim E (the aged 67) who was on board the car driving by the victim for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. C’s statement