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(영문) 서울서부지방법원 2013.05.09 2013고단530
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date when this judgment has become final and conclusive;

3...

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dalgal Driving) is a person engaged in driving a motor vehicle;

On February 15, 2013, the Defendant driven the said car with a blood alcohol concentration of 0.226% around 10:38, while under the influence of alcohol, and led the Defendant to drive the said car at a speed of about 40km per hour according to three lanes towards the 112-lane-dong, Eunpyeong-gu, Seoul.

Since the place has a lot of vehicles passing, there was a duty of care to prevent accidents in advance by safely driving according to the traffic signal by reducing speed and checking well the side of the vehicle driving service workers.

Nevertheless, the Defendant was negligent in neglecting his/her normal driving under the influence of drinking, and found the E-si that was driven by the victim D (year 54) who was parked on the same three-lane side in the same direction as the time he/she was at the latest, and operated the e-si immediately. However, the Defendant was unable to avoid the e-si, and received the back part of the said taxi as the front part of the car in front of the said gallon.

Ultimately, the Defendant, by negligence in the course of performing such duties, sustained injury to the victim, such as climatic salt, etc. for about two weeks in need of medical treatment, injury to climatic salt and tensions in need of medical treatment for about two weeks to F (40 years of age), to the passengers of the said taxi, and to G (15 years of age) who are the same passengers, the injury to climatic salt, etc. for about two weeks in need of medical treatment; the injury to climatic salt, etc. for about two weeks in need of medical treatment to the same passenger H (14 years of age); and the injury to I (12 years of age) who are the passengers of the said taxi, to the same passenger, for about two weeks in need of medical treatment.

2. On February 15, 2013, the Defendant violated the Road Traffic Act and the Road Traffic Act (driving without a license) at around 10:38, the 349-9 road in Seodaemun-gu Seoul Western-dong, Seodaemun-gu, Seoul until around 112, the 1km of Eunpyeong-dong, Eunpyeong-gu, Seoul.

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