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(영문) 서울동부지방법원 2013.12.05 2013고단2545

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for not less than eight 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 01:50 on September 10, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) (hereinafter “Dangerous Driving”) driven a Brento car with a blood alcohol concentration of 0.246% under the influence of 0.246% in front of the modern apartment located in Gangdong-gu, Gangdong-gu, Seoul, Gangdong-gu, Seoul, with a speed of about 60km in the direction of the Sindog in the direction of the Sindog

In such cases, a person engaged in driving of a motor vehicle has a duty of care to properly operate the brakes by properly operating it.

Nevertheless, due to the negligence that the Defendant was unable to properly operate the brake system under the influence of alcohol, the Defendant received from the victim C (the 41-year-old driver’s 41-year-old driver’s vehicle behind the driver’s seat, etc. in the same direction, such as the front part of the Defendant’s vehicle’s right-hand part, etc., and suffered from the victim’s injury, such as acute chills, which requires approximately two weeks of treatment.

As a result, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and sustained injury to the victim C.

2. The Defendant violated the Road Traffic Act (driving) at the time and time set forth in paragraph (1) of this Article, the Defendant driven a siren car at approximately 2km section of approximately 0.246% of blood alcohol concentration in the front Olympic Games of the modern apartment located in 509, Gangdong-gu, Gangdong-gu, Seoul, to the extent that it is drunk from around 2km to the Winter Olympic Games of the same 509.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to traffic accident reports, reports on the occurrence of traffic accidents, records on the measurement of drinking, records on the actions of drivers with drinking drivers, reports on the actual state of drivers with drinking drivers, reports on site photographs and damage, photographs of harming vehicles, diagnostic records, and reading reports;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 148-2 of the Road Traffic Act.