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(영문) 서울북부지방법원 2013.04.11 2013고단250

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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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

1. Around 04:59 on December 1, 2012, the Defendant driving a nub motor vehicle under the influence of alcohol by 0.110% from the 5km section of blood alcohol concentration from the 5km section of Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul to the 456-22nd road.

2. The defendant is a person engaged in driving a B leakage car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving).

On December 1, 2012, the Defendant driven the said car under the influence of alcohol as set forth in Paragraph 1, around 04:59, and driven the two-lane road in front of 456-22, Dongdaemun-gu, Seoul, Dongdaemun-gu, Seoul, along the two-lanes from the west intersection to the military intersection, at an insular speed.

At the time, there is an intersection where signal lights are installed at night and at the front of the night, so in such a case, there was a duty of care to reduce the speed to the person engaged in driving business and to prevent the accident by driving in advance by looking at the same situation of other vehicles in the signal lights and the front of the road.

Nevertheless, the Defendant neglected to drive a car under the influence of drinking so that it is difficult for the Defendant to drive the car at a normal speed, and found the DNA taxi that the victim C(the age of 44) was driven by the stop signal of the vehicle on the front due to the negligence that was driven by the driver’s failure to keep the front at a speed without looking at the speed, and took a sudden action, but the Defendant did not stop the vehicle, but did not stop the vehicle, and received the part of the vehicle behind the driver’s vehicle that the Defendant driven.

Ultimately, the Defendant suffered injury to the victim, such as fluoral salt, which requires approximately two weeks of medical treatment due to occupational negligence as above.

3. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of a car B.

No motor vehicle which is not covered by mandatory insurance shall be operated on a road.