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(영문) 서울남부지방법원 2014.10.17 2014고단3282
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. On August 14, 2014, the Defendant: (a) around 23:35, 2014, operated a vehicle B while under the influence of alcohol with a blood alcohol concentration of about 0.172% from the section of about 800 meters from Geumcheon-gu Seoul Metropolitan Government to the front road of the additional elementary school at the additional high school of Geumcheon-gu, Seoul.

2. A person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) and engages in driving motor vehicles;

On August 14, 2014, the Defendant driven the above car at around 23:35, and proceeded along the south cycle of the additional elementary school in Geumcheon-gu Seoul Metropolitan Government along the direction from the riwingo Road to the Silung ICT along the four-lane distance.

A person engaged in the driving of a motor vehicle has a duty of care to prevent accidents due to the failure to drive a motor vehicle in a state where it is difficult to drive a motor vehicle normally due to influence of drinking, by operating a direction direction, etc. to give notice of change of course, by living well in the traffic situation of the front and rear left, and changing the vehicle line.

Nevertheless, the Defendant neglected this and neglected to drive a blood alcohol concentration of 0.172%, and did not look well at the left side while it is difficult to drive a car in a normal condition, and instead changed the car line to the left side, and thereby, was driven by the victim C (58 years old) who was driving normally along three lanes, and was driven by the victim C(58 years old) on the front side of the right side of the car and received the part of the penter and the driver's seat.

As above, the Defendant driving a car in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim E (the victim E(the age of 43) who was on board the said SM5 vehicle for about two weeks in need of medical treatment. In addition, the Defendant suffered injury to the victim E(the age of 43) who was on board the said SM5 vehicle for about three weeks in need of medical treatment.

b)a summary of the evidence;

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