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(영문) 서울동부지방법원 2014.01.22 2013고단3171
도로교통법위반(음주운전)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 of the final judgment.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) (the Defendant, who is engaged in the business of driving Cpoter cargo vehicles on October 17, 2013, was driving the said cargo vehicles under the condition that it is difficult to drive them normally due to the influence of alcohol concentration of 0.183% on October 17, 2013, while driving the said cargo vehicles on a four-lane one lane prior to the 165 lane prior to the moving of Songpa-gu Seoul, thereby driving the said cargo along the boundary of the Olympic Park Scam, leading to a one-lane.

In such cases, a driver of a motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as indicating the traffic situation, accurately operating steering equipment, etc.

Nevertheless, the Defendant neglected to operate a steering gear and caused the 6-lanes of the opposite 8-lanes to the opposite 6-lanes of the eight-lanes, thereby leading the victim D(the age of 42) driving from the Olympic Park from the place adjacent to the Olympic Park, along the six-lanes, to the front part of the E-si driving.

The Defendant, by such occupational negligence, suffered from the victim D with approximately 8 weeks of the left-hand aggregate, etc. requiring medical treatment to the victim D, and from the victim F (F, who is the passenger of the above taxi) for about 3 weeks of medical treatment.

2. The Defendant was driving a vehicle under the influence of alcohol by 0.183% from the 5km section of Gangdong-gu Seoul Metropolitan Government to the place indicated in paragraph (1) of the Road Traffic Act at a temporary border, such as Paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A traffic accident report;

1. A report on detection of a host driver;

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

1. Article 5-11 of the Act on Special Cases concerning the Aggravated Punishment, etc. of Specific Crimes and Article 148-2 (2) of the Road Traffic Act concerning criminal facts.

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