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(영문) 서울중앙지방법원 2014.12.12 2014고단7974

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

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

[criminal power] On June 9, 2008, the Defendant was issued a summary order of fine of KRW 700,000,000 as a crime of violation of the Road Traffic Act at the Incheon District Court's Branch Branch of the Incheon District Court, and a fine of KRW 2 million as an identical crime at the Seoul Southern District Court on April 8, 201.

【Criminal Facts】

1. Around 05:30 on August 29, 2014, the Defendant driven a B car under the influence of alcohol with a blood alcohol content of 0.136% from the 10-meter section of approximately 10 meters from the front day of the main station in the Tridong in Gangnam-gu Seoul Metropolitan Government, to the road in front of 119-ro 119-ro.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a B car;

On August 29, 2014, at around 05:30 on August 29, 2014, the Defendant driven the said car while under the influence of alcohol as described in paragraph (1), and made the three-lane roads of 119 degrees in Seoul, Gangnam-gu, Seoul, to turn to the left at the right angle of the Gangnam-gu History distance.

Since there is a place where a signal, etc. is installed, there was a duty of care to safely drive the driver in accordance with the signals by checking the front, left, and signal well.

Nevertheless, the Defendant neglected to drive the vehicle in a situation where normal driving is difficult due to the above influence of drinking, and neglected to turn to the left without disregarding that the vehicle driving signal is changed to a stop signal, and caused the victim C (55 years old) who is driving with the right side from the left side of the Defendant’s left side to the right side, and caused the victim C(55 years old) to get the Defendant’s car.

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

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of a traffic accident C;

1. The circumstantial statement of a host driver, and the report on detection of a host driver;