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(영문) 서울동부지방법원 2013.04.24 2013고단596
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 CP car.

On February 28, 2013, the Defendant driven the said car at around 23:45, and driven a blood alcohol concentration of 0.201%, while under the influence of alcohol, the Defendant continued two-lanes along the road of 6-lane 15 in Gangdong-gu Seoul, Gangdong-gu, Seoul with two-lanes from the upper distance of the street.

In the same direction as at the time, the victim D (ma, 66 years old) followed the E E-coo vehicle driven by the victim D (ma, 66 years old), and thus, the person engaged in driving service had a duty of care to look at the situation and secure a safe distance to avoid when the vehicle stops.

Nevertheless, the Defendant neglected this and proceed without securing a safe distance while under the influence of alcohol with a blood alcohol concentration of 0.201% which is difficult to drive normally.

The latter part of the Ecoos car stopped for the signal atmosphere is shocked by the front part of the vehicle operated by the Defendant, and due to that, the said Ecoos car was pushed down in the future, and the part of the back part of the vehicle operated by the Victim F (Nam, 50 years old) was shocked.

In this regard, the Defendant caused the victim D to suffer injury, such as satisfy, etc., which requires the victim H (52 years of age), F, I (Nam, 41 years of age) by negligence in the course of performing the above duties, to the victim H (52 years of age), F, and I (Nam, and 41 years of age) for two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D, H and F;

1. Application of Acts and subordinate statutes to traffic accident reports, reports on the occurrence of traffic accidents, reports on the detection of drinking drivers, records on the results of measurement of drinking, circumstantial statements of drinking drivers, medical certificates, each written diagnosis, and written estimate;

1. Article applicable to criminal facts;

(a) Injury caused by dangerous driving: Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes;

(b) Occupation of drinking: Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act;

1. Trade name;

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