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(영문) 서울중앙지방법원 2013.07.19 2013고단2369

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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by D Driving) is a person engaged in driving a motor vehicle by putting D again.

On April 12, 2013, the Defendant driven the said car under the influence of alcohol 0.225% with a blood alcohol concentration around 01:13, and driven the said car along two-lanes from the long distance of the Korea Customs Service to the long distance of the Gu office.

In such cases, the driver has a duty of care to prevent accidents in advance by safely operating the person engaged in driving service with a duty of care to live well in the front, rear, and left and right.

Nevertheless, this is going ahead of the same direction due to negligence and negligence that neglected and proceeded in the front bank.

The part of the victim E (ma, 49 years old) driving, which was stopped in the signal signal atmosphere, was followed by the FM5 car, and the part of the driver was set up in the front part of the car by the defendant's driving.

Ultimately, the Defendant, while driving a motor vehicle in a state where normal driving is difficult due to such influence of alcohol as above, suffered injury to the said E (ma, South and 49 years of age) such as climatic salt, tension, etc. in need of treatment for about two weeks, and the victim G (ma, 28 years of age), H (ma, 32 years of age), I (ma, 33 years of age), and I (ma, and 33 years of age) who was on board the said motor vehicle.

2. The Defendant violated the Road Traffic Act (driving) at the time and time set forth in paragraph 1, the Defendant driven a car under the influence of alcohol with a blood alcohol concentration of about 0.225% from the 1km section to the road in front of an influence store located in the pressure-gu Seoul, Gangnam-gu, Seoul, to the front of the place set forth in paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of each traffic accident in G and E;

1. The actual condition survey report;

1. A report on detection of a drinking driver and an appraisal report on the blood alcohol concentration;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Criminal facts;