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(영문) 서울남부지방법원 2013.09.11 2013고단2112
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 21, 2008, the Defendant was issued by the Seoul Central District Court a fine of 1.5 million won for the crime of violation of the Road Traffic Act, and a summary order of 1.5 million won for the same crime at the Seoul East East District Court on February 12, 2010, respectively.

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaged in driving a motor vehicle B.

On May 2, 2013, the Defendant was under the influence of 05:17% of blood alcohol concentration 0.150% on May 2, 2013, the Defendant, as in front of the presidential assembly of the Red Ik Hospital in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, led to a three-lane road on the side of the side, along a one-lane from the edge of the erode to the upper speed.

Since there is an intersection where a signal, etc. is installed, the driver of the vehicle has a duty of care to report the traffic situation in the front direction and accurately operate the steering system, and to prevent accidents by safely driving the vehicle, such as failing to drive the vehicle while under the influence of alcohol, etc.

Nevertheless, even though the Defendant was under the influence of alcohol to such an extent that he was unable to walk well and walk, he was negligent in neglecting the front time while driving the vehicle at the front time, and was under the influence of the victim C (Nam, 59 years old) who was under the influence of the signal at the same direction, and followed the part on the right part of the victim C (Nam, 59 years old) who was under the influence of the signal at the front of the left side of the Defendant’s vehicle, and caused the said C car to be pushed up in the front of that day, and led the victim E (V, 57 years old) who was under the influence of the signal at the front of that day, and led the said E car to see the HF of the victim G (V, 52 years old) who was under the influence of the signal at the front of that day.

As a result, the Defendant is driving the said A-Wurt Transport in a state where it is difficult to drive the vehicle normally due to influence of drinking, and the above C is a throdism of two weeks.

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