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(영문) 서울서부지방법원 2014.02.07 2013고정2620

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On November 13, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents at Suwon District Court on April 201, and the judgment became final and conclusive on November 21, 2013.

1. The defendant is a person who is engaged in driving of the vehicle B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

On April 14, 2012, the Defendant driven the above vehicle while under the influence of 0.115% of blood alcohol level around 23:00, and led the Defendant to drive the above vehicle at an influence of 0.115% of alcohol level in Yongsan-gu Seoul, Yongsan-gu, Seoul, along with the three-lane of the distribution bridge between the distribution bridge and the distribution bridge between the north bank and the south bank.

In such cases, the defendant engaged in driving of a motor vehicle has a duty of care to properly look at the front side and right side, maintain the safety distance with the motor vehicle ahead, and prevent the accident by driving the motor vehicle.

Nevertheless, the Defendant neglected to drive the vehicle while driving the vehicle in a state of difficulty due to the Defendant’s negligence while driving the vehicle in a state of difficulty due to the Defendant’s negligence, and the victim C (n, 26 years of age) who was driving at the front of the vehicle and operated the vehicle late later, but did not avoid the situation, and did not shock the back part of the vehicle in front of the Defendant.

As a result, the Defendant caused the victim C to suffer from the injury of salt and tensions in need of approximately two weeks of treatment due to such occupational negligence, and the victim E (n.e., 29 years of age) who was on board the damaged vehicle, with approximately two weeks of treatment. In addition, the Defendant caused the victim E (n.e., the victim E), who was on board the damaged vehicle, to suffer from the injury of the tension and tension.

2. The Defendant has driven B Poter vehicles under the influence of alcohol with the blood alcohol concentration of 0.115% at the same time and at the same place as paragraph (1) of this Article.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report, the traffic accident occurrence report, the blood alcohol appraisal report, and the drinking driver;