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(영문) 서울남부지방법원 2015.12.29 2015고단4718

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) and the Road Traffic Act (driving) are those engaged in driving a new siren car;

On September 25, 2015, at around 23:26, the Defendant driven the said car while under the influence of alcohol of 0.152%, and led the Defendant to drive the said car at the intersection of the intersection 4 in the south-gu, Seoul, Guro-gu, Seoul, to drive the intersection 4 times in front of the intersection 4 times in the south-gu, Seoul, Guro-gu.

At the time of night and in the same direction C is behind D-si vehicles operated by C, so in such a case, the driver of the vehicle has a duty of care not to drive the vehicle at a speed or in such a way as to cause danger and harm to others according to the road traffic situation and the structure and performance of the vehicle, by accurately operating the brake system.

Nevertheless, the Defendant neglected to do so under the influence of alcohol and failed to accurately operate the operation of the operation system without properly examining the operation system, which led to a shocking of the aforementioned DJ-type taxi vehicle that was driven in the front part of the said car.

As a result, the Defendant suffered injury such as neck, bones, tension, etc. in need of medical treatment for about two weeks to victims E(37 years of age) and F(39 years of age) who were on board the said taxi while driving the said taxi under the influence of drinking, with red, inaccurate, and difficult to drive the vehicle normally to the extent that the walking conditions are unstable.

2. The Defendant: (a) committed assault, such as the time and place indicated in paragraph (1) at the time and place of the performance of official duties; (b) was asked by the Assistant H of the Seoul Guro Police Station that was dispatched after having received a report of 112, to inquire about the circumstances of the accident from the Assistant H of the Seoul Guro Police Station; and (c) was bread by double descendants,

Accordingly, the defendant's investigation and control of traffic accidents by police officers.