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(영문) 서울남부지방법원 2013.11.06 2013고단3154
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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. The defendant is a person who is engaged in driving a freight vehicle B in the case of violating the Act on the Aggravated Punishment, etc. of Specific Crimes;

At around 14:20 on September 1, 2013, the Defendant driven the foregoing cargo vehicle while under the influence of alcohol of 0.172% with a blood alcohol concentration of 0.17%, and driven the two-lanes in front of the 1279 Ho-dong, Yangcheon-gu, Seoul, Yangcheon-gu, Seoul, along the direction of the intersection, along the two-lanes in the direction of the intersection.

At the time, there was a crosswalk where signal lights are installed in the front door, so in such a case, a person engaged in driving service has a duty of care to reduce the speed and to safely drive the front and rear left well.

Nevertheless, the Defendant, by negligence, was able to drive in a state of difficulty due to drinking, such as smelling in the entrance, drinking while walking on the face, and drinking on the face, and by negligence, received the rear part of the Dratian vehicle driven in the front part of the Defendant’s cargo vehicle, which is driven by the victim C (hereinafter referred to as 44 years old) who stops in the front side of the Fratian vehicle driven by the victim E (the 28 years old) who stops in the front side of the said Aratian vehicle, and caused the shock of the rear part of the Frat vehicle driven in the front side.

As a result, the Defendant suffered from the above occupational negligence to the victim G (n, 39 years old) who was accompanied by the said C and the said AFD car, such as light base for treatment for about three weeks, and the victim H (59 years old), I (n, 32 years old), and J (n, 28 years old) who was accompanied by the said E and the said IF car for about two weeks.

2. A violation of the Road Traffic Act (driving) was driven by the Defendant at a level of about 4 km from the end of 409-69, Gangseo-gu, Seoul, Gangseo-gu, Seoul, to the front road of the 1279 Godong-dong, Yangcheon-gu, 1279, under the influence of alcohol concentration of 0.172% during the temporary border of paragraph (1) of this Article.

Summary of Evidence

1. The defendant's legal statement; 1.1.

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