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(영문) 서울중앙지방법원 2014.04.04 2014고단275
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 03:20 on November 30, 2013, the Defendant driving a Cbenz vehicle under the influence of alcohol with approximately 2 km alcohol concentration of about 0.213% from the section of approximately 2km from the road near the Gangnam-gu Station located in Gangnam-gu, Seoul, to the front day of the field of active duty death in the same Dong.

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 Cenz automobiles.

On November 30, 2013, at around 03:20, the Defendant driven the said car while under the influence of alcohol, as described in paragraph (1), and driven the road of six-lanes in front of the field of active service in Gangnam-gu Seoul, Gangnam-gu, Seoul, along four-lanes from the direction of the new station to the south region.

At the time, there was a signal at night and at the front place, so in such a case, there was a duty of care to prevent accidents in advance by reducing the speed to those engaged in driving business and driving on the front door.

Nevertheless, the Defendant neglected to drive under normal conditions due to influence of drinking and neglected to do so, and was negligent in proceeding along the Defendant’s direction before and after the direction of the vehicle, and received the rear part of the D cab in front of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim E (the 33 years old), a passenger on board the taxi due to the foregoing occupational negligence, for approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. A written statement;

1. A traffic accident report;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes of a medical certificate;

1. The provision of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, and the provision of Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act.

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