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(영문) 서울남부지방법원 2013.11.19 2013고단3425

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

The defendant is a person who is engaged in driving a B-Wood vehicle.

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) led the Defendant to drive the above vehicle on September 15, 2013 at a speed of about 60 km from the 5-lane to the new road in front of the Seoul Yeongdeungpo-gu Seoul Metropolitan Government New-ro 7 dong 1376, while under the influence of 0.235% alcohol concentration by driving the said vehicle on September 15, 2013.

At that time, at night, a person engaged in driving of a motor vehicle has a duty of care to thoroughly operate the brakes by properly manipulating the brakes.

Nevertheless, under the influence of alcohol, the Defendant’s negligence is driving ahead of the front part of the Defendant’s driver’s vehicle by failing to properly operate the brake system without examining the front section in a state of string, in which her speech and behavior is divided, a string, a string, and a snow with red shock.

A victim C (year 61) was driven by the victim C (year 61). The part was followed by the franchiseer, individual taxi, and the part was spreaded.

After all, the Defendant, as seen above, driven in a state where normal driving is difficult due to influence of drinking, and suffered from the victim C with the need for a medical treatment for about two weeks.

2. On the date and time set forth in paragraph (1) of this Article, the Defendant was driving a B Abburged car with approximately 1.5 km section from the Nowon-gu Seoul Nowon-gu to the place set forth in paragraph (1) of this Article while under the influence of alcohol concentration of about 0.235%.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident report;

1. A report on the state of drinking drivers, a report on the state of drinking drivers, and a report on the state of drinking drivers, and a record of drinking measurements;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of injury caused by dangerous driving) concerning the crime, Article 148-2 (2) 1 and Article 44 of the Road Traffic Act.