(영문) 서울북부지방법원 2013.10.01 2013고단1750

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(영문) 서울북부지방법원 2013.10.01 2013고단1750

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for six 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. On June 10, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven BMW car at a speed of about 60 km from the shooting distance room in front of the Urban Railroad Corporation to the speed of 0.142%, while driving one lane among three lanes 12-18, Dongdaemun-gu, Seoul, Dongdaemun-gu, Dongdaemun-gu, Seoul, with a blood alcohol concentration of 0.142%.

In this case, the driver of the motor vehicle had a duty of care to prevent accidents and safely drive the motor vehicle by accurately operating the steering and brakes according to the traffic situation.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting this, found the D Eas car driven by the victim C(the age of 58) who was stopped for the signal waiting at the time, was at the latest found, and operated to the right side, but the Defendant was insufficient to take the measure so that the Defendant was driving the said Eas car on the left side part of the vehicle driving by the Defendant.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the victim, such as salt dump, tension, etc. in need of treatment for about two weeks.

2. Around 23:50 on June 10, 2013, the Defendant: (a) driven a BMW car under the influence of alcohol of 0.142% in the section of about 5km from the Defendant’s road near the Defendant’s company located in Seongdong-gu Seoul Etel 103 to the 12-18-ro, Dongdaemun-gu, Dongdaemun-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. A supplementary statement of C;

1. The actual condition of traffic accidents;

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

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

1. The corresponding Article of the Criminal Act and the aggravated punishment of specific crimes selected for the crime.

참조조문

-도로교통법

-특정범죄 가중처벌 등에 관한 법률

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