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(영문) 서울동부지방법원 2014.07.24 2014고단1671

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. Around 08:35 on April 2, 2014, the Defendant driven BM car under the influence of alcohol by 0.223% from the 1km section from the 1km section to the 26th road in front of the place in the Dong-gu Seoul Special Metropolitan City, Gwangjin-gu (Seoul Special Metropolitan City) to the 26th street.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a BMW car;

On April 2, 2014, the Defendant driven the above car at around 08:35 minutes, while driving the road of six-lanes in front of the 26-lane, Gangnam-gu, Seoul, Seoul, along with paragraph 1, while under the influence of alcohol, proceeded at a speed of five-lanes from the Cheonggular intersection to the territorial intersection, and changed the six-lanes.

Since there is a close stop of the Young-do road, a person engaged in driving of a motor vehicle has a duty of care to reduce the speed of the motor vehicle and to prevent the accident in advance by driving the motor vehicle safely.

Nevertheless, under the influence of alcohol, the Defendant neglected it and neglected to do so, and thereby neglected to do so, received the part of the back-setting part of the passenger vehicle of the victim C (the age of 36) who was driven by the victim C (the age of 36) prior to the six-lane in the same direction as the passenger vehicle of the Defendant.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and caused the victim to suffer injury, such as a confection salt, which requires approximately two weeks of medical treatment due to negligence in the above business.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. A traffic accident report;

1. Report on the circumstantial statement of the driver and report on the detection of the driver;

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

1. Article 5-11 and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime committed under the applicable law.