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(영문) 서울남부지방법원 2013.04.16 2013고단497
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year 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-Wood vehicle.

1. Around 00:30 on January 15, 2013, the Defendant driven the said car while under the influence of alcohol of 0.132%, and driven the four-lanes in front of 42-22 of the Seoul Yangcheon-gu Seoul New-ro, Yangcheon-gu, Seoul, along the two-lanes of the air transport unit distance.

At the time, the victim C(53 years old) was driving in the front line, and in such a case, the person engaged in driving service has a duty of care to reduce speed and drive safely by checking the front and rear left well.

Nevertheless, the Defendant received the back portion of the said taxi as it driven in front of the said vehicle due to the negligence of driving the said taxi while driving the vehicle in a state of difficulty with normal driving due to drinking, such as a long distance with red and walking, and, in the chain of a year, the said taxi was driven by the victim E (the 52-year-old) who stops in front of the vehicle.

As a result, the Defendant suffered from the above occupational negligence in the victim G(43 years old), the victim E, and the victim H(V, the 48 years old), who was accompanied by the said taxi, with each of the following factors: (a) the base of tensions and tensions in need of the 3 weeks treatment; and (b) the victim H(V, the 48 years old) who was accompanied by the said taxi.

2. While the Defendant was under the influence of alcohol concentration of 0.132% at the above temporary border, the Defendant was driving a B Abdon-purd car from the front day of the cross-defluent packing horse in the vicinity of Gangseo-gu Seoul Gangseo-gu Seoul Metropolitan Government to the front day of the 42-22nd day of the New Month of Yangcheon-gu Seoul Metropolitan Government.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of C, E, H and G;

1. A traffic accident report;

1. Photographss and videos of the accident site;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to reports on proper initiative of, and reports on the statement of status of, a prime driver;

1. The Act on the Aggravated Punishment, etc. of Specific Crimes committed under the relevant criminal facts.

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