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(영문) 서울남부지방법원 2012.12.27 2012고합862

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 became final and conclusive.

Reasons

Punishment of the crime

1. Around September 23:15, 2012, the Defendant violated the Road Traffic Act ( sound driving) driven a Crops car under the influence of alcohol by 0.212% from the 100m section of the blood alcohol content from the runway located in the Yang-dong, Yeongdeungpo-gu Seoul Metropolitan Government to the NON Center located in the 36-dong, Yeongdeungpo-gu, Seoul Metropolitan Government to the front road.

2. 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 a car in Category C;

On September 4, 2012, at around 23:15, the Defendant driven the said car under the influence of alcohol as set forth in paragraph (1), and driven the four-lane road in front of the Nexx Center in Yangpung-dong 4, Yeongdeungpo-gu, Seoul, at the speed of about 40 km from the intersection to the intersection of the intersection, along four-lanes.

At the time, there was a duty of care to prevent accidents in advance, such as securing and driving safety distance with the vehicle ahead in the same direction, because the vehicle was at night and at the time, and thus, there was a duty of care to prevent accidents in advance.

Nevertheless, the Defendant neglected this and found it late to stop the ERati vehicle in the same direction as the victim D (the age of 24) who was driving ahead of the same direction due to the negligence of driving the vehicle in the vicinity of the previous vehicle while it is difficult for the Defendant to drive the vehicle under the influence of alcohol, but did not stop the vehicle, but did not stop the vehicle, and received a part of the Rati vehicle behind the vehicle in the front part of the vehicle driven by the Defendant.

Ultimately, the Defendant caused the injury to the victim D, which requires approximately two weeks of medical treatment on the part of the victim D due to the foregoing occupational negligence, and the victim F (V, 19 years of age) who was aboard the said Liber vehicle, need to receive approximately two weeks of medical treatment.