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(영문) 서울중앙지방법원 2013.12.13 2013고단7126

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for one year.

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

[Criminal Power] On September 6, 2013, the Defendant issued a summary order of KRW 5 million to the Seoul Central District Court for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving) and the violation of the Road Traffic Act. On October 11, 2013, the same court issued a summary order of KRW 7 million for the crime of violation of the Road Traffic Act.

[Specific Crime]

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaged in driving the Crober car in Ireland owned by Korea social company.

On October 22, 2013, at around 03:08, the Defendant, while under the influence of alcohol of 0.170% of blood alcohol level without obtaining a driver’s license for a motor vehicle, Jongno-gu 6ndro 1, Jongno-gu 210-2 driven ahead of the two-lanes of the 4-lane, at the speed of the parallel capital intersection from the parallel market to the East capital intersection.

At the time, it was difficult to secure the view due to a new wall, so a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle while driving the motor vehicle on the front side.

Nevertheless, when the defendant neglected to drive under the influence of alcohol while it is difficult for him to drive normally, he did not see the victim D(37 years of age) who crosses the road to the left-hand side from the right-hand side of the Defendant's vehicle's running direction, and got the driver of the above vehicle to go beyond the road and received treatment at the emergency department of the E Hospital on October 22, 2013, while he was receiving treatment at the E Hospital emergency department, the defendant caused the death of two alleys and cerebral transfusions around 04:21.

2. Violation of the Road Traffic Act (Free Driver's License) and the Road Traffic Act (Free Driver's License) are operated under the influence of 0.170% of blood alcohol concentration without obtaining a driver's license in the same time as paragraph (1) and the Defendant is driving the said Crober's vehicle at the level of under the influence of 0.170% of blood alcohol concentration, and the vehicle at the front day of the Jongno-gu Seoul Metropolitanro 1, the Jongno-gu Seoul 6-ro 210.