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(영문) 서울남부지방법원 2013.07.15 2013고단1935

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for nine 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

1. Around 04:00 on April 8, 2013, the Defendant driven a Category B motor vehicle under the influence of alcohol content of about 0.206% at the section of approximately 3.8km from the 04:30m of the same day to the 131-1st road of the Yangcheon-gu Seoul Metropolitan Government New-dong, Yangcheon-gu, Seoul Metropolitan Government, at around 04:30 on the same day.

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 Maz car;

On April 8, 2013, around 04:30, the Defendant proceeded at a speed of about 40 km in the speed of 131 knife of the New Month, Yangcheon-gu Seoul Metropolitan Government, from the direction of the new month to the new month, according to the road of about 40 km in the speed of 5 lanes.

However, since it was at night at the time, there was a duty of care to ensure the safe operation of the vehicle by thoroughly operating the steering time and accurately operating the steering and steering system of the vehicle.

Nevertheless, while under the influence of alcohol, the Defendant was negligent in driving, and the Defendant was in the front part of the DK5-si driven by the victim C(55 years old) who is in the atmosphere of the signal in order to walk in the one-lane opposite lane due to the negligence of breaking the median line while driving in the said one-lane, and was in the front part of the said vehicle.

As a result, the Defendant driven the said car in such a situation that it is difficult to drive the car normally due to the influence of alcohol due to the lack of things, thereby resulting in injury to the said victim, such as the bones salt for about three weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. A traffic accident report;

1. A written statement on the occurrence of traffic accidents;

1. Investigation report (related to response to requests for blood collection appraisal);

1. A report on investigation (Attachment of a medical certificate for a victim);

1. Application of Acts and subordinate statutes of the Investigation Report (Application of Badmark);

1. Criminal facts;