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(영문) 서울남부지방법원 2014.02.05 2013고단4572

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

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

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 Category B New EF launchings or other automobiles;

피고인은 2013. 10. 18. 19:14경 혈중알콜농도 0.145%의 술에 취한 상태에서 위 승용차를 운전하여 포천시 일동면 수입리에 있는 우렁쌈밥집 인근 편도 1차로를 38교 방면에서 일동 방면으로 불상의 속도로 진행하였다.

Since it is a road where a central line is installed, there was a duty of care for those engaged in driving service to protect the vehicle line and to drive safely.

Nevertheless, under the influence of alcohol, the Defendant neglected to perform such duty of care in a situation where it is difficult to drive under normal conditions, such as indubing and insular distance, and received the front portion of the victim C(55 years old) driving, which was placed in the center line due to the negligent negligence, as the front part of the Defendant’s car.

The Defendant, by its occupational negligence, suffered injury to the victim E (the aged 55) who was on board the said C, such as verte, bones salt, etc. requiring approximately two weeks of medical treatment, and injury to the victim F, who was on board the vehicle, to undergo approximately two weeks of medical treatment.

2. 도로교통법위반(음주운전), 도로교통법위반(무면허운전) 피고인은 제1항 기재와 같이 2013. 10. 18. 19:14경 포천시 일동면 수입리에 있는 우렁쌈밥집 인근 도로에서 혈중알콜농도 0.145%의 술에 취한 상태로 자동차운전면허 없이 B 뉴 EF쏘나타 승용차를 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident, report on the driving of a driver, report on the status of a driver, and report on the driver’s license;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the relevant criminal facts.