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(영문) 서울동부지방법원 2014.08.06 2014고단1725
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

1. Around 22:46 May 20, 2014, the Defendant violated the Road Traffic Act (driving a sound driving) driven a B-to-purd vehicle from the front of a restaurant where the name in the Namyang-si is unknown to the front day of the Samcheon-dong 97-3, Kucheon-si to the front day of the Samwon LPG charging Station at approximately 10km in the section of about 10km to the 0.123% of blood alcohol concentration.

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

On October 20, 2014, at around 22:46, the Defendant, while under the influence of alcohol, was driven by 0.123% of blood alcohol concentration, 0.123% of the Samcheon-dong 97-3, Maricheon-si, the Defendant was driving a two-lanes along the two-lanes toward the hotel to be covered by a three-lane road in front of the Samri-si LPG charging station at the Guri Police Station.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to ensure the necessary distance to avoid a collision with the motor vehicle ahead and to prevent accidents in advance by keeping the traffic situation well.

Nevertheless, the defendant neglected to perform his duty at the time of the front-time in a state where normal driving is difficult due to influence of drinking and led to the failure of the victim C(54) who was stopped in the front-time in order to observe the signal signal system in the front-round bank.

As a result, the Defendant suffered injury to the victim, such as salt ties, tensions, etc., in need of approximately two weeks of treatment by the aforementioned negligence.

As a result, the defendant was driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing the injury of people.

3. The injured defendant, at the date, time, place, and place mentioned in paragraph (2). The above victim did not immediately reach an agreement on traffic accidents and phoneing the insurance company, thereby making the victim's breath and 5 times prices the victim's breath, thereby requiring medical treatment for about 2 weeks.

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