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(영문) 서울중앙지방법원 2014.08.27 2014고단4969
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 01:20 on June 4, 2014, the Defendant driven a B car under the influence of alcohol with a blood alcohol concentration of about 0.223% from a section of about 7km from the front of the Yongsan-gu Seoul Metropolitan City, Yongsan-gu, to the bankruptcy distance, located in the new city of Gangnam-gu, Seoul, to the front of the bankruptcy distance.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a B car;

On June 4, 2014, at around 01:20, the Defendant driven the said car while under the influence of alcohol, and continued the intersection in front of the bankruptcy history of Gangnam-gu Seoul Metropolitan Government, Gangnam-gu to the Cheongdok-do from the new airspace.

Since there is a place where a signal, etc. is installed, there was a duty of care to safely drive the driver in accordance with the signals by checking the front, left, and signal well.

Nevertheless, the Defendant neglected to drive the vehicle under the influence of such drinking as above, and neglected to neglect that the vehicle driving signal is changed to a stop signal, and neglected to proceed as is, and caused the Defendant’s fault, thereby getting the front part of the victim C(the age of 45) driving on the left side from the right side of the vehicle of the Defendant, and the front part of the FK5 si driving by the victim E(the age of 41) and the front part of the passenger car of the Defendant.

Ultimately, the Defendant suffered, by such occupational negligence, the injury to the victim C, such as catum salt in need of approximately three weeks of medical treatment, the injury to the victim G (V, 24 years of age) on the cab in the above C, the shoulder and string of arms in need of medical treatment for about two weeks, and the injury to the victim E, such as catum salt, tension, etc. for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and E;

1. The actual condition survey report;

1. A report on detection of an employee and an employee;

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