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(영문) 서울서부지방법원 2014.05.27 2014고단614

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for six months.

except that 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

On August 30, 2011, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Seoul Central District Court. On January 23, 2014, the Defendant was sentenced to a fine of four million won for the same crime by the same court. On May 2, 2014, the Seoul Central District Court sentenced two years of suspension of execution to one year of imprisonment for a violation of the Road Traffic Act (Free Driver) at the Seoul Central District Court on May 10, 2014, and the judgment became final and conclusive on May 10, 2014.

On February 6, 2014, at around 03:12, the Defendant driven a Dratviing car with a blood alcohol concentration of 0.159%, and led to turn to the left at a speed that is impossible to know from the edge of the rainwater pumps, which was 34-76, Yongsan-gu Embassy-gu, Seoul, the intersection of the Dratner 76-gil-ro, Seoul, to turn to the left.

The place is an intersection with a yellow on-and-off signal, and the FF-learning car driven by the victim E (the age of 37) first enters the said intersection and is straighten toward the side of the Hannam InterbroompppP, and thus, in this case, a person engaged in driving a vehicle has a duty of care to reduce the speed or temporarily stop the traffic situation in the intersection, and to prevent the accident by entering the intersection after other vehicles pass through the intersection, and thus, he has a duty of care to prevent the accident.

Nevertheless, under the influence of alcohol, the Defendant was negligent in neglecting to do so, and thereby received the left-hand side of the fright-hand side of the fright-hand side of the fright-hand car.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury, such as salt dump, tension, etc., which requires two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence of E traffic accident;

1. Traffic accident actual condition survey report, accident detection report, and circumstantial statement report of the driver concerned;

1. Each written diagnosis;

1. Records before judgment: Criminal records, etc. inquiry reports and investigation reports;

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