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(영문) 서울남부지방법원 2013.11.28 2013고단1211
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On July 23, 2010, the Defendant was sentenced to eight months of imprisonment for a crime of fraud in the Goyang Branch of the District Court, and completed the execution of the said sentence in the medical prison on December 28, 2010.

1. Around 23:45 on January 13, 2013, the Defendant violated the Road Traffic Act (driving a sound driving) driven a CM5 vehicle while under the influence of alcohol content 0.240% in blood alcohol content from the vicinity of the steel mountain station in the steg-dong, Geumcheon-gu, Geumcheon-gu, Seoul to the luminous belt located in 535 additional Dong, Geumcheon-gu, Geumcheon-gu.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused by Dangerous Driving) driving the said car at the time indicated in the preceding paragraph, and driving the said car at a speed of about 50 km per hour from the 3-lane Myeon to the e-mail Myeon in Geumcheon-gu Seoul Metropolitan Government at the 535 additional Dong of Geumcheon-gu.

At the same time, there was a vehicle in the atmosphere near the long distance, and thus, the driver of the vehicle has a duty of care to prevent the occurrence of the accident, such as taking the distance between the vehicle and the vehicle in front, keeping the safety distance, and operating the brake system in advance.

Nevertheless, under the influence of alcohol, the Defendant was negligent in operating the said vehicle due to negligence in the course of business without neglecting the duty of a front-time driver while under the influence of liquor and not operating the brakes normally. At that time, the Defendant was found to be late behind the victim D (W, 37 years old) who was parked according to the stop signal at the front side of the said vehicle, and operated the brakes, but did not stop, and was able to receive the part behind the said Saturdays car and the part behind the Defendant’s vehicle.

Ultimately, the Defendant, as seen above, driven under the influence of alcohol while driving in a state where normal driving is difficult due to the influence of alcohol, and inflicted injury on the victim D such as salt, tensions, etc., which requires approximately two weeks medical treatment.

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