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(영문) 서울서부지방법원 2014.10.28 2014고단1144

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On March 9, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) (hereinafter “Dangerous Punishment, etc.”) committed a two-lane change to a three-lane, while driving a motor vehicle by driving the motor vehicle on a two-lane in the red-dong Seoul Seodaemun-gu Seoul under the influence of alcohol concentration of 0.184% from the blood alcohol concentration on the side of the red-line, in the red-line bank, from the red-line bank, the two-lane change to a three-lane.

At the time, night-time is getting off and off, and the front door of the front door was flowed, and on the three-lane, E-si driven by the victim D (the age of 60) was driving, so there was a duty of care to check whether there is a vehicle under way in the vehicle line intended to change to those engaged in driving service, and to turn on direction direction direction direction, etc., and to safely change the vehicle line and prevent the accident from spreading.

Nevertheless, the Defendant neglected to drive under the influence of alcohol and changed the course from the two lanes to the three-lanes, which led to the Defendant’s failure to drive in a normal manner, thereby causing injury to the victim, such as the strike of an open baby in need of treatment for about four weeks.

2. The Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) in the scope of about 10km from the vicinity of the Geumcheon-gu Seoul Metropolitan Government Moxidong to the place indicated in the above paragraph 1., without obtaining a driver’s license, while under the influence of alcohol of 0.184% of the blood alcohol concentration at the time and time specified in the above paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Written statements of D;

1. A traffic accident report, a report on detection of a drinking driver, and a report on the circumstantial statement of a drinking driver;

1. Registers of driver's licenses;

1. A medical certificate;

1.The investigation report (with respect to the Round Official Form).