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(영문) 서울남부지방법원 2013.11.28 2013고단3600
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

The defendant is a person who is engaged in driving a B-to-car.

1. From September 13, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven a vehicle with the highest speed of about 50km in the speed of about 50km in the direction of Seoul via three lanes in the direction of Seoul through the airspace of Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul Metropolitan City.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to stop the vehicle with a safe distance by operating the brake at the time when he/she finds the vehicle in a safe manner by checking well the safety and safety of the front side and the vehicle.

Nevertheless, even if the Defendant was under the influence of alcohol content 0.209% at the time, and the snow was fluened with red, gal, and walked, and the walk was in a situation that makes it difficult to drive under normal conditions, such as a big distance, the Defendant, as a result of a sudden negligence, followed by the victim C (the age of 44) who was stopped in accordance with the crosswalk stop signal around the same lane, was driving by the victim C (the age of 4) behind the right side of the DSM5 car driven by the Defendant, followed the driver by the front driver of the Defendant, and due to the shock, C was driven by the victim E (the age of 65) who stopped in front by the vehicle of the victim E (the age of 65).

Ultimately, the Defendant is driving a motor vehicle with the highest level of driving difficult due to the influence of drinking as above.

In the case of traffic accidents, the victim C suffered light fluoral fluoral fluorum, etc. which requires approximately two weeks of treatment, and light fluoral fluoral fluorum, etc. which requires approximately two weeks of treatment.

2. Violation of the Road Traffic Act (driving) was driven by the Defendant, at the vicinity of Guro-gu Seoul Metropolitan Area to the front of Yeongdeungpo-gu Military Station, with a blood alcohol concentration of about 0.209% under the influence of alcohol from about 1km to about the Yeongdeungpo-gu Military Station of Yeongdeungpo-gu Seoul.

Summary of Evidence

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