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(영문) 서울중앙지방법원 2014.04.11 2014고단1166
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

[criminal power] On June 25, 2010, the Defendant was issued a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act at the Seoul Eastern District Court on June 25, 2010, and KRW 2 million as a fine for a violation of the Road Traffic Act at the Ansan District Court on April 20, 2012.

【Criminal Facts】

1. Around 01:00 on December 14, 2013, the Defendant driven B K7 cars while under the influence of alcohol with approximately 0.158% alcohol concentration from the 2km section of Gangnam-gu Seoul, Gangnam-gu, Seoul to around 01:05 on the same day from the parking lot of 123-11 Modern, Gangnam-gu, Gangnam-gu, Seoul.

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 K7 car;

On December 14, 2013, at around 01:05, the Defendant driven the said car under the influence of alcohol, as described in paragraph 1, and led the Defendant to drive the said car along the two-lanes of 200-7 letter, Gangnam-gu Seoul Metropolitan Government Seo-gu, Seoul, a four-lane road from the distance room of hospital death to the high speed terminal room.

At that time, the Defendant followed the DK7 car driven by the victim C(23 years old) prior to the same direction, and thus, the Defendant had a duty of care to prevent accidents in advance, such as securing and driving a necessary distance to avoid the collision with the previous vehicle while considering the situation of the vehicle to a person engaged in driving business.

Nevertheless, the Defendant neglected to drive normally due to the above influence of drinking, and did not secure a safe distance, and did so close close to the victim’s vehicle, and was negligent in driving the vehicle, and received a part of the vehicle behind the victim’s vehicle, which was under stopping, as part of the front part of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of approximately three weeks of treatment due to occupational negligence.

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