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(영문) 서울북부지방법원 2014.02.20 2013고단3183
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 October 19, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was driving a BpD car under the influence of alcohol concentration of 0.175%, while driving it on the front of the Pyeongtaek-kon restaurant located in 1119, Nowon-gu, Seoul Special Metropolitan City, Nowon-gu, and driving it to turn to the left from the math of the accepted mountain area.

Since there are three-distance crossings where signal lights and crosswalks are installed, the person engaged in the vehicle driving duty has a duty of care to safely proceed by checking whether there is a pedestrian driving on the crosswalks and whether there is a pedestrian driving.

Nevertheless, the Defendant did not turn to the left at the left immediately after the left turn due to the negligence of driving a vehicle in which normal driving is difficult due to influence of drinking, and the Defendant did not find the victim C (52 years old) who passed the crosswalk on the right side of the driving direction immediately after the left turn, and did not find the victim C (52 years old) who was driving along the crosswalk, and was injured by the victim by shocking the body side of the victim into the right side of the said vehicle and shocking the victim's body for about 12 weeks medical treatment.

2. The Defendant violated the Road Traffic Act (driving without a license) and the Road Traffic Act (driving without a license) in a section of about 300 meters from the above temporary warning and the roads on the set-off bridge in Seoul Nowon-gu to the above point of accident, without obtaining a driver’s license, and driving the said vehicle under the influence of alcohol with a blood alcohol concentration of 0.175% under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or C;

1. Some statements in the police statement of E;

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

1. Statement of the status of the driver;

1. A written report filed with an employer;

1. Registers of driver's licenses;

1. Sable image images of a black stuffing video;

1. The closure photographs of the commercial chain 1.3 billion won before the accident.

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