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(영문) 서울남부지방법원 2014.11.07 2014고단3520
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

except that 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 car B.

On August 29, 2014, the Defendant driven the said car under the influence of alcohol of 0.118% in blood alcohol concentration on August 29, 2015, and driven the road of 5-lane 63-lane 31 in the Gangseo-gu Seoul Metropolitan Government Seogro 63-gil 31, the two-lanes along the two-lanes.

At the time, since it is at night, it is an intersection, there was a duty of care that the person engaged in the driving of motor vehicles should thoroughly operate the front hour and safely operate the operation and steering gear accurately.

Nevertheless, as seen above, the Defendant was negligent in driving at the front of the car in a state where normal driving is difficult due to influence of drinking, and due to the negligence that led to the failure of the Defendant’s driving at the front of the road, and the victim C(38 years of age) who was waiting and parked at the front of the road at the same time, received the part of the lower part of the Defendant’s driving.

The Defendant, due to such occupational negligence, suffered from the victim E (the 29-year old-age), the victim E (the son) who is a passenger of the said Allied car, about two weeks of treatment, dump dump dump, etc., requiring approximately two weeks of treatment, and the victim F (the son, the 20-year-age-old age-old age-old) of cump dump dump, which requires approximately two weeks of treatment.

2. The Defendant violated the Road Traffic Act (driving) at the time indicated in the preceding paragraph, the Defendant driven the said B-Edi vehicle while under the influence of alcohol of about 0.118% in the section of about 1km from the vicinity of Gangseo-gu Seoul Metropolitan City to the front road of about 63-ro 1k-ro of the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1) (2);

1. Report on personnel actions, report on the status of a drinking driver, and measurement of drinking;

1. Each written diagnosis;

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