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(영문) 서울남부지방법원 2013.06.19 2013고단1337

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dbera crat) is a person engaging in driving a Dbera

On April 5, 2013, the Defendant driven the said car under the influence of alcohol of 0.148% with a blood alcohol concentration of 0.15% on April 5, 2013, and led the road of three lanes in front of the wooden Building, Yangcheon-gu Seoul, Yangcheon-gu, Seoul to proceed at an insular speed along one lane with the distance of Hong-ri Hospital Scar.

At the time, there is a night and its location is where the vehicle line is installed, so when the vehicle driver changes the vehicle line, there was a duty of care to make a change in the course of the vehicle driver, check the safety by operating direction direction, etc., giving notice of the change in the course, checking the traffic situation of the front and rear left, and then change the vehicle line.

Nevertheless, under the influence of alcohol, the Defendant was negligent in changing the vehicle line to the second line as it is, and the victim E (68 years old, South) driving in the second line of time, followed by the left side of the private taxi of the victim E (68 years old, South) and received a part of the panion in front of the right side of the car of the Defendant.

As a result, the Defendant was able to drive in a state where normal operation is difficult due to the influence of drinking, and the Defendant was able to suffer from the injury of light salt in need of approximately two weeks of medical treatment to the victim.

2. The defendant violates the Road Traffic Act (driving) from the parking lot front of a literacy apartment located in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, Seoul at around 23:40 on April 4, 2013 to the same month;

5. Around 00:08, Glessst motor vehicle was driven at approximately 3.3km section of approximately 0.148% of alcohol content from the 3.3km section to the front road of the wooden Building located in Yangcheon-gu, Yangcheon-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, actual condition investigation report;

1. A written report and circumstantial statement of an employer-driver;

1. Application of Acts and subordinate statutes to copies of diagnosis certificates;

1. Criminal facts;