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(영문) 서울북부지방법원 2013.05.30 2013고단633
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

1. Around 00:40 on March 10, 2013, the Defendant was driving a rash car with a blood alcohol concentration of about 0.147% from the 2km section of the Seoul Special Metropolitan City, Nowon-gu, Nowon-gu, Seoul Special Metropolitan City, to the on-board of about 00:51 on March 10, 2013 on the same day.

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 B radar cars;

On March 10, 2013, the Defendant driven the said car while under the influence of alcohol of 0.147% of blood alcohol concentration around 00:51 on March 10, 2013, while driving the said car, one lane out of the four-lanes in 739, Dong 739, Nowon-gu, Seoul Special Metropolitan City, was proceeding at the speed of 30km from the west underground streets to the west parallel.

Since the place was the eight-lane road from which the central line and signal are installed, there was a duty of care to safely drive a person engaged in driving service in accordance with the new subparagraph.

Nevertheless, the defendant neglected this and caused the victim to go beyond the right side of the defendant's vehicle, who was driven by the victim C(28 years of age) who was under the right side of the center line due to negligence in violation of the right-hand turn signal while under the influence of alcohol.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and suffered injury, such as the fever of the next 10s, which requires approximately eight weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C statement on the occurrence of a traffic accident;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. The actual condition of traffic accidents;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 141 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 2 and 44 of the Road Traffic Act.

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