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(영문) 서울남부지방법원 2015.10.22 2015고단3016
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

The defendant is a person who is engaged in driving CK5 cars.

1. On June 5, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven the said car under the influence of alcohol content of 0.237% by driving it on a blood alcohol level of 07:45 on June 5, 2015, and proceeded with the roads front of the wning, Young Women's Middle School, which are located in the Newdong, Yangcheon-gu Seoul Metropolitan Government.

It is an area where a school and apartment are concentrated, and there is a crosswalk where a signal, etc. is installed. In such a case, the driver of the motor vehicle has the duty of care to check whether there is a person who gets on the way to reduce the speed for the person engaged in driving the motor vehicle, and to safely drive the motor vehicle according to the traffic signal to prevent the accident in advance.

Nevertheless, the Defendant neglected to do so and even though the traffic signal on the front side was changed to the red, while it was difficult to drive the vehicle normally due to influence of drinking, the Defendant was negligent in driving the crosswalk to the left-hand part of the victim D (the age of 13) who crossinged the crosswalk from the right-hand side according to the pedestrian signals.

Ultimately, the Defendant suffered injury to the victim, such as the pelvise, pelvise, the bones of head, etc., in need of medical treatment for about 11 weeks due to the above occupational negligence.

2. The Defendant violated the Road Traffic Act (driving) driving the said vehicle under the influence of alcohol by 0.237% at the section of approximately 1.5 km from the front of Fuo apartment opened in Guro-gu Seoul Metropolitan Government to the place where the said accident occurred.

Summary of Evidence

1. Defendant's legal statement;

1. A E-document;

1. A traffic accident report;

1. A report on the actual state of the driver;

1. A report on investigation (related to a medical certificate);

1. Application of Acts and subordinate statutes to investigation reports (related to the application of the Tramark);

1. The corresponding Article of the Criminal Act and the aggravated punishment of specific crimes selected for the crime.

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