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(영문) 서울남부지방법원 2013.12.26 2013고단3697
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a Maz car;

On May 19, 2013, the Defendant driven the said car under the influence of alcohol of 0.214% with a blood alcohol concentration of 07:40%, and proceeded to a speed of about 30km in the direction of the river station in the direction of the river station in Gangseo-gu Seoul Metropolitan Government, Seogdong 98-1.

A driver has a duty of care to live well in the front, secure safety distance, and prevent accidents in advance.

Nevertheless, the defendant's negligence in driving by neglecting it in a state where he was under the influence of the body so that he was under the influence of the body and was under the influence of the defendant. The defendant did not see the victim C's Maz car driven which was under the influence of the victim as a traffic vehicle and received the part of the driver.

Accordingly, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and suffered from the injury of the c and the victim E, who is the same passenger, such as the c and the fluoral salt for about three weeks, respectively.

2. The Defendant violated the Road Traffic Act (driving) at the 1km section from the Gangseo-gu Office of Gangseo-gu, Gangseo-gu, Seoul to the point of the said accident, while under the influence of alcohol by 0.214% of blood alcohol concentration as stated in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence of each traffic accident in C and E;

1. A traffic accident report;

1. A certificate of drinking alcohol measurement, a written report on driving of a drinking driver, and a written report on the status of a drinking driver;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed under the corresponding Act on the Punishment, etc. of Specific Crimes, Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act (the point of a sound driving);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Punishment;

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