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(영문) 서울동부지방법원 2014.11.24 2014고단2991

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 July 14, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven the said vehicle under the influence of alcohol concentration of 0.167% at the intersection of the ecological park, as in Gangdong-gu Seoul, Gangdong-gu, Seoul, while driving the said vehicle under the influence of alcohol concentration of 0.167%.

Since there is an intersection where signal lights are installed, there was a duty of care to safely drive a person engaged in driving service in accordance with good faith.

Nevertheless, the Defendant neglected to do so and neglected to change the vehicle signal to a stop signal, and neglected to proceed as it is, by negligence, followed by the left turn at the right turn from the opposite part of the victim C(W, 46 years old) driving, received the part of the front part of the said car as the front part of the said car.

Ultimately, the Defendant driving the said car in a state where it is difficult to drive the car normally due to influence of drinking, resulting in injury to the victim C, such as the surrounding land and power rope damage, etc. on the part of the wooden part, which requires three weeks of medical treatment, and at the same time, suffered injury to the nine victims aboard the bus as shown in the crime list.

2. Around 19:00 on the same day as the preceding paragraph, the Defendant driven the said vehicle under the influence of alcohol by 0.167% from the 1.7km section of approximately 1.7km to the above intersection at around 19:33m of the Fju point in Gangdong-gu Seoul Metropolitan Government.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Traffic accident report (on-site investigation report) and black boxes, video recording CDs;

1. All on-site photographs and vehicle photographs;

1. The written statements of each traffic accident in C and G;

1. Records of the measurement of drinking alcohol, reports on detection of drinking drivers, circumstantial statements of drinking drivers, investigation reports (application of the Madmark).