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(영문) 서울동부지방법원 2019.05.02 2019고단285
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

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. The Defendant is a person who is engaged in driving of Bone Star bus in violation of the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury).

On December 29, 2018, at around 00:09, the Defendant: (a) 00:09, 0.145% of alcohol concentration in blood is divided into two-lanes; (b) the Defendant driven the said marc with the said marcing vehicle in a state that it is impossible to drive it normally, such as a string distance, and (c) the said marced vehicle runs at a speed of about 30km in speed from the marc road to the marc Station.

At the time of night, there was a duty of care to prevent accidents due to a person engaged in driving of a motor vehicle's accident by returning the front door well and safely operating the motor vehicle by reducing its speed.

Nevertheless, the Defendant was negligent in neglecting the duty of Jeonju City under the influence of alcohol, and was found to have been driving ESM3 (SM3) of the victim D(the age of 32) driving in the same direction in the front part of the passenger car operated by the Defendant.

Ultimately, the Defendant caused the above victims to suffer throstosis, etc. requiring treatment for about two weeks by negligence in the above business, and the victim FF (33 years of age) who was on the said EM car, to suffer clostal salt, etc. requiring treatment for about two weeks.

2. On the date and time set forth in the above paragraph (1), the Defendant driven the above B Cost Sheet with approximately 5km from the front line of the main station in the Songpa-gu Seoul Metropolitan Area B Cost Sheet to the front line of the Seoul Gwangjin-gu Seoul Special Metropolitan City Gwangjin-gu, while under the influence of alcohol exceeding 0.1% of the blood alcohol content.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of each traffic accident;

1. A report on actions against an employer, and a report on the status of an employer driver;

1. Records of the measurement of drinking alcohol;

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

1. Each relevant Article of the Act concerning criminal facts;

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