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(영문) 서울중앙지방법원 2014.08.22 2014고단4368

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

The Defendant is a person engaging in driving a rocketing car.

1. Around 00:30 on May 23, 2014, the Defendant driven the said vehicle under the influence of alcohol content of 0.193% from the front line of the watch station in the Gwanak-gu Seoul Special Metropolitan City, Nowon-gu Seoul Special Metropolitan City, to the front line of the watch station to 1968, Nam-gu, Seoul Special Metropolitan City, Seoul Special Metropolitan City.

2. On May 23, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was driving the said vehicle under the influence of alcohol level of 0.193% at around 00:30 on May 23, 2014, while driving the said vehicle under the influence of alcohol level of 0.193%, and driving the said vehicle toward the bend parallel from the southwest of Gwanak-gu in Seoul Special Metropolitan City along the four-lane Do in front of

At night, at the same time, the victim D (n, 29 years old) driving EEX car is in progress at the same lane as the defendant's moving direction. In such a case, the driver was obliged to live well before and after the driving, secure the safety distance, and prevent the accident in advance by driving the vehicle.

Nevertheless, under the influence of alcohol, the Defendant neglected to perform his duty at the front time while it is difficult to drive a motor vehicle due to his negligence while driving the motor vehicle without securing a safe distance, and obtained the above X-ray part of the motor vehicle in front of the motor vehicle of the motor vehicle of the motor vehicle of the motor vehicle of the motor vehicle of the motor vehicle of the motor vehicle of the motor vehicle of the motor vehicle of the motor vehicle of the motor vehicle of the motor vehicle of the motor vehicle of the motor vehicle of the motor vehicle of the motor vehicle of the motor vehicle of the motor vehicle of the motor vehicle of the motor vehicle of the motor vehicle of the motor vehicle of the motor vehicle of the motor vehicle of the motor vehicle of the st

Accordingly, the defendant was driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing injury to the victims, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1.F and written statements of D.