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(영문) 서울중앙지방법원 2015.08.21 2015고단3651
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a benz car.

On May 30, 2015, the Defendant driven the said car while under the influence of alcohol 0.162% of blood alcohol level around 03:50 on May 30, 2015, and led to the driving of the said car at an influent speed depending on three lanes of the four-lane road in front of Gwanak-gu in Seoul Special Metropolitan City.

At the time, since it is night and a road to stop off, there was a duty of care for a person engaged in driving a motor vehicle to reduce speed and drive safely by checking well the right and the right of the front and right of the motor vehicle.

Nevertheless, under the influence of alcohol, the vehicle line is changed from the three lanes to the one lane in order to avoid a parked vehicle for signal to the front side, but the vehicle line is changed to the four lanes rapidly, and the victim D, who was parked on the four lanes, has been placed ahead of the left side of the vehicle of the defendant's vehicle in order to get off and start the vehicle, and continuously received the back portion of the Gysta taxi driving by the victim F, who was driving the three lanes on the said road while driving the vehicle, as the front side of the vehicle of the defendant's vehicle.

Ultimately, the Defendant, by negligence, driven a motor vehicle while normal driving is difficult due to influence of alcohol, suffered from the injury of the victim H, who is the passenger of the said rocketing taxi driver, and the victim H, who is the passenger of the taxi driven by D, due to each two-day medical treatment. The Defendant suffered from the injury of the victim F, who is the taxi driver of the Badododododododododododododododododododododododododododo, such as the dume, tension, etc.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Each statement of D, F, I, and H;

1. The circumstantial statement of the employee;

1. The actual condition survey report;

1. Written estimate;

1. Each written diagnosis;

1. Each photograph;

1. Application of Acts and subordinate statutes to a report on investigation into CCTV at an accident site;

1. Criminal facts;

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