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(영문) 서울동부지방법원 2013.05.22 2013고단824

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 a Bsch Rexton car.

On March 31, 2013, the Defendant was under the influence of alcohol of 0.109% with blood alcohol concentration around 08:56, the Defendant driven the said car, and driven the three-lane road in front of 610-2 of the Seoul Special Metropolitan Gwangjin-gu, Seoul Special Metropolitan City, along a single-lane in the erocop distance from the military intersection.

In such cases, the driver has a duty of care to see the prior left for the driver and to prevent accidents by safely driving the vehicle by maintaining the vehicle line.

Nevertheless, the Defendant neglected this and caused C to take part in the front part of the DK5 car driven by the Defendant’s driver (Nam, 40 years old), the left part of the F taxi driven by the victim E (Nam, 52 years old), the left part of H taxi driven by the victim G (Nam, 64 years old) and the left part of H taxi driven by the victim G (Nam, 64 years old) in order to take part in the left part of the H taxi driven by the victim for two weeks of treatment, the victim I (n, 39 years old and 13 years old), and the victim J. (Nam, 13 years old) to take part in the first part of the DK5 car driven by the Defendant’s driver while under the influence of alcohol concentration of 0.109% of the blood alcohol concentration that is difficult to drive in a normal way, and caused C to take part in the 3 week treatment of the victim for three weeks of the C.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of C, E, and G;

1. Application of Acts and subordinate statutes on vehicles, such as a fact-finding survey report, a traffic accident report, a report on detection of a host driver, a report on the fact-finding driver's, a report on internal investigation (Dmark acid), a diagnosis certificate, a video output in black boxes, and a vehicle photograph;

1. Article applicable to criminal facts;

(a) Injury caused by dangerous driving: Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes;

(b) The point of drinking: