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(영문) 서울중앙지방법원 2014.05.14 2014고단1389

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 who is engaged in driving a vehicle of the United States of America.

On February 7, 2014, the Defendant driven the said car under the influence of alcohol of 0.119% without obtaining a driver's license on February 7, 2014, and proceeded at a speed that is impossible to accurately identify the road according to the one-lane of the road, leading to the six-lane road in front of the Ansan Hospital located in 417 as Seoul as the bankruptcy of Gangnam-gu, Seoul.

The Defendant, prior to the same direction, had a duty of care to secure and proceed with a safe distance that can be avoided when a driver stops a car by reducing speed and taking a well-being of the front line, as the victim D (the age of 43) driven in the same direction.

Nevertheless, the Defendant neglected to do so under the influence of alcohol and proceeded as it is, due to negligence, while driving the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the foregoing U. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S.

As a result, the Defendant suffered injury to the victim D, such as satis, tensions, etc. in need of medical treatment for about two weeks due to the above occupational negligence in a state where normal driving is difficult due to influence of drinking, and the Defendant suffered injury to the victim F, such as catum dump, which requires medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D and F;

1. The circumstantial report on the driver and the report on detection of the driver;

1. The actual condition survey report;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant Article 148-2 (2) 2 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving);