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(영문) 서울동부지방법원 2012.12.26 2012고단2898
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 engaging in driving a rocketing car.

On September 9, 2012, at around 01:35, the Defendant driven the said car under the influence of alcohol concentration of 0.157%, and proceeded with the alleyway in front of Gangdong-gu Seoul Metropolitan Government in the direction of the astronomical market from the KS basin.

At the time, the Defendant, while driving the said car while under the influence of alcohol, was on the back of the victim D(the age of 42) who was parked next to the said alley, to be the backer and the left-hand pent part of the E rocketing car owned by the Defendant’s vehicle.

At this time, the above victim got out of the house and opened a string driver's seat of the string car and told the defendant to "slick and down the string."

In such cases, there was a duty of care to prevent accidents by immediately stopping and taking necessary measures for those engaged in driving service, or accurately manipulating the steering and brakes so as to prevent accidents.

Nevertheless, the Defendant neglected to do so under the influence of alcohol and led about about 20 meters to the neck, which was the victim who had been able to drive the said rocketing car due to the negligence in the future.

Ultimately, the Defendant, as seen above, sustained injury such as salt, tension, etc. of the trend that requires medical treatment for about three weeks by driving the said car in a state where normal driving is difficult due to influence of drinking.

Summary of Evidence

1. Defendant's legal statement;

1. A report on traffic accidents and a report on actual condition;

1. Statement of statement on D in preparation of vicarious examination agent;

1. A written statement;

1. The circumstantial statement of a drinking driver, the report on detection of a drinking driver, and the result of measurement of drinking;

1. Investigation report (J telephone conversations for shots G, witness H telephone conversations);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. The point of injury caused by dangerous driving: Act on the Aggravated Punishment, etc. of Specific Crimes.

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