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(영문) 서울북부지방법원 2014.09.04 2014고단2108
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 one year 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) is a person engaging in driving a B car;

On June 3, 2014, the Defendant, while under the influence of alcohol 0.261% on blood alcohol level around 14:20 on June 3, 2014, proceeded with the road above 231 am in front of the 30km building in Seoul Special Metropolitan City, Nowon-gu at a speed of about 30 km.

On the other hand, there is no distinction between the two roads from the frequent traffic of the vehicle, and thus, the driver of the vehicle has the duty of care to prevent the accident in advance by accurately manipulating the steering and the right and the right and the right and the right and the right and the right and the right and the right and the right of the vehicle.

Nevertheless, as seen above, the Defendant neglected to drive normally due to influence of drinking and proceeded from the negligence attributable to the Defendant’s failure to do so, and led the victim C (the age of 66) who was damaged by the Defendant’s vehicle for the purpose of driving while driving the vehicle to the Defendant, the front part of the seat of the driver’s car operated by the Defendant was shocked by the Defendant.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and suffered injury such as dump, tension, etc. in need of approximately three weeks of treatment for the victim.

2. The Defendant violated the Road Traffic Act (driving) at a temporary border, such as the above paragraph (1), driven the B Car under the influence of alcohol leveling 0.261% from a section of approximately 150 meters from the parking lot of Nowon-gu in Seoul Special Metropolitan City to the front road of the Maam Building located in the same 230-lane 31 in the same way as the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A traffic accident report;

1. Statement on the circumstantial statement of the employee;

1. A report on detection of a host driver;

1. A medical certificate;

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