beta
(영문) 서울남부지방법원 2015.11.12 2013고단971

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. Around 00:50 on November 4, 2012, the Defendant driven B Oralb in the state of under the influence of alcohol content of 0.156% from the home flusium in Geumcheon-gu Seoul Metropolitan Government from the home flusium to the front direction of 148-10 meters.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was driven by the above Oral Ba in the temporary border as indicated in the preceding paragraph, and the Defendant proceeded at a non speed according to one-lane between the two lanes from the surface of the Gawingo distance in Geumcheon-gu Seoul Metropolitan Government.

At the time, nights had been located in the crosswalks, and therefore, as a driver of the off-to-land, he had a duty of care to check whether there is a person crossing the road by driving on the front door, and to prevent the occurrence of the accident by reducing the speed.

Nevertheless, under the influence of alcohol, the Defendant was negligent in the course of operating the Obaba while neglecting his duty at the time, and around that time discovered later the victim C (the age of 52) who was crossing with the pedestrian on-and-off signal at the vicinity of the crosswalk, and caused the victim to go beyond the front wheels of the above Obaba.

As above, the Defendant, while driving under the influence of alcohol that is difficult to drive normally and caused the victim to suffer injuries, such as knee kne kne sne sel snee snee sne-visa, etc.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Each written statement prepared in C;

1. A traffic accident report;

1. A report on the actual state of the driver;

1. Investigation Report (in respect of the application of the Badmark Official Form):

1. Investigation report (whether agreement is reached and the degree of injury is confirmed);

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

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and each imprisonment with labor;