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(영문) 서울중앙지방법원 2014.07.25 2014고단1255
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

Reasons

Punishment of the crime

1. On December 6, 2013, at around 00:32, the Defendant driven DBGL220 automobiles under the influence of alcohol 0.168% in the state of alcohol while under the influence of alcohol, without obtaining a driver’s license, from the parking lot located in the “new wall house” located in 129-10, Gangnam-gu, Seoul, Chungcheongnam-gu, Seoul, to the end of 00:33 on the same day.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dent Driving) is a person engaging in driving a car.

On December 6, 2013, at around 00:33, the Defendant driven the said car under the influence of alcohol without obtaining a driver's license as above, and proceeded along with the two-lane road of 6-lane as the bankruptcy of the Gangnam-gu Seoul Metropolitan Government (Seoul Metropolitan Government) from the Yeongdeungpo-dong-gu (Seoul Metropolitan City) to the Cheongdo-do-do-do-side (Cheongdo-dong).

At the time, it is night and a place where a center line is installed, so there was a duty of care to ensure that a person engaged in driving of a motor vehicle is obliged to thoroughly operate the motor vehicle at the front time and to safely operate the motor vehicle.

Nevertheless, the Defendant: (a) caused the negligence of driving a motor vehicle in a situation where normal driving is difficult due to the influence of alcohol, and (b) caused the victim E (the 35-year-old driver) to drive a stop signal at one lane near the center line; and (c) continued to take the FCA110 V Ora of the victim E (the 55-year-old driver); (d) the victim G (the 59-year-old driver) driving of the victim GG taxi was the front part of the Defendant’s driver’s vehicle; and (e) the said franchise cab was driven by the victim I (the 51-year-old driver) driving of the victim I (the 51-year-old driver) who driven along two lanes on the right part of the said passenger vehicle on the same page.

Ultimately, the Defendant is at least to the victim E by occupational negligence as above.

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