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(영문) 서울남부지방법원 2015.04.03 2015고단329
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

The defendant is a driver of a passenger vehicle B with low bid.

1. Around January 22:10, 2015, the Defendant driven the said vehicle while under the influence of alcohol with approximately KRW 3 km from the front side of the Yancheon-gu Seoul Metropolitan Office of Education to the front road of the shooting distance of the Gangseo-gu Office of Education located in the New-dong, Yangcheon-gu, Seoul.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driving the above car at the time indicated in the preceding paragraph, and driving the four-lanes in front of the shooting distance of the Gangseo-gu Seoul Metropolitan Office of Education in the New-dong, Yangcheon-gu, Seoul, along the two-lane radius from the shooting distance protection area of the air transport unit to the eromatic speed

In this case, the driver of the vehicle has a duty of care to prevent the traffic accident in advance by safely driving the vehicle in a way that the driver of the vehicle well sees the front side and the left side.

Nevertheless, the Defendant, while under the influence of alcohol, is unable to drive a vehicle normally.

Defendant

In front of the direction of the operation, the victim E(the age of 43) driven by the victim C(the age of 25) behind the driver's vehicle in D-ro that is driven by the victim C(the age of 25) and then the victim E(the age of 43) driven by the signal at the front of the direction of the operation led the victim E(the age of 43) to take the front part of the driver's vehicle.

Ultimately, the Defendant suffered from the victim C with respect to the foregoing occupational negligence for approximately two weeks, such as finite finites, which require treatment to the victim E for approximately three weeks, and the finites that require treatment to the victim E.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and E;

1. A traffic accident report and a report on the occurrence of a traffic accident;

1. A certificate of measurement of drinking alcohol and a report on detection of drinking drivers;

1. Photographs of the accident site and photographs of related vehicles;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Specific crimes as prescribed in the corresponding provisions of the Act regarding criminal facts.

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