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(영문) 서울남부지방법원 2014.09.26 2014고단2891
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. Around June 23, 2014, the Defendant violated the Road Traffic Act (driving) driven B rocketing car at the section of about 3 km from the front of the mutual influent road near the opening station of Guro-gu Seoul Metropolitan Government to the road of about 105-ro 105-ro 258, both of which are opened at around 0.178% of blood alcohol concentration.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) (hereinafter “Dangerous Driving”) was a person engaged in driving a B rocketing car, who is difficult to drive the said car under the influence of drinking alcohol leveling 0.178% due to the temporary border such as Paragraph 1, and was driving the said car in the direction of the digital segment area in the direction of the addition of the two roads 258-lane to the Southern Circulation of Guro-gu Seoul Metropolitan Government.

Since the place is a three-distance intersection without signal, the defendant engaged in driving a motor vehicle has a duty of care to drive the motor vehicle in front, rear and left while driving the motor vehicle, despite the fact that there is a duty of care to drive the motor vehicle safely, the defendant is under the influence of alcohol, and the defendant is found late to find a DNA X-ray motor vehicle driven by the victim C (Nam, 42 years old) who is waiting to turn left at the front, and received the rear part of the victim's driver's vehicle.

The Defendant suffered from the injury of the victim C and the victim E (V, 49 years old) who was accompanied by the Defendant’s occupational negligence as above, such as salt, tension, etc. in need of medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A report on traffic accidents and a report on actual condition;

1. A certificate of measurement of drinking alcohol;

1. Investigation reports (Application of the Madmark);

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime committed;

1. Each of Articles 40 and 50 of the Criminal Code of Trade and Trade.

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