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(영문) 서울남부지방법원 2014.12.19 2014고단4056
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

The defendant is a person who is engaged in driving a motor vehicle at a low price.

1. On August 6, 201, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven the said car while under the influence of alcohol of 0.164% in blood alcohol concentration on August 6, 201, and driven the four-lane road in front of 413 in the Southern Circulation of Yangcheon-gu Seoul Metropolitan Government at a speed of 40 to 50km per hour in the direction of the Kimpo Airport in the direction of the Kimpo Airport.

Since there is a place where the center line and the center line of yellow solid lines are installed, the driver of the vehicle has a duty of care to safely drive the vehicle by complying with the vehicle line by making it possible for the driver of the vehicle to live well, accurately operating the steering wheel and brakes, etc.

Nevertheless, under the influence of alcohol, the Defendant was negligent in operating the steering gear and operation of the steering gear accurately without accurately operating the steering direction and operation of the center line as it is, due to the negligence of driving the center line in the direction of the Kimpo Airport, and led the victim E (54 years old) who normally proceeds along two lanes from the direction of the Kimpo Airport.

As a result, the Defendant suffered, by such occupational negligence, injury to the victim E, such as a light fladuling of the right-hand ladul, which requires approximately 16 weeks of treatment, and injury to the victim G (V, 49 years of age) who was on board the top of the said rocketing car operation for about 8 weeks of treatment, such as fladuling fladuling on the left-hand side, etc.

2. The Defendant violated the Road Traffic Act (driving) at the time and time set forth in paragraph (1) of this Article, the Defendant driven the said low-speed car in the state of alcohol alcohol concentration of about 0.164% at the 3km section from the underground parking lot in the New-dong Seoul Metropolitan City Street Park to the road in the south cycle of about 413 kilometers in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Exemplary drivers;

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