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(영문) 서울중앙지방법원 2014.04.04 2013고단8417
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

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 C ASEAN A6 car;

On November 27, 2013, at around 05:57, the Defendant driven the said car while under the influence of alcohol of 0.138%, and driven the road of 5-lane 52, Cheongdam-dong Seoul, Gangnam-gu, Seoul, along four-lanes from the Cheongdam-dong, to the Young west-nam, Seoul.

Since there is a crosswalk where a signal apparatus is installed, there was a duty of care to confirm whether a person engaged in driving service has a road by reducing speed and by checking well the right and the right of the front, rear, and left and right of the road, and to drive safely in accordance with the new code.

Nevertheless, due to the negligence of neglecting and proceeding the vehicle's progress signal while neglecting it, the victim D(43 years old), victim E(5 years old, 55 years old, 58 years old) and victim F(58 years old) were placed on the right side in the direction of the vehicle driving.

Ultimately, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the above influence of alcohol, and caused the victim E to suffer injury, such as damages in the two parts that need to be treated for about six weeks, injury to the victim E, such as an external surgery of the right satisfaction, which requires medical treatment for about eight weeks, and the victim F to suffer injury, such as an alley of the right frame, etc., for about twelve weeks.

2. The Defendant violated the Road Traffic Act (driving) at the parking lot located in the Gangnam-gu Seoul Metropolitan Government New-dong from the main parking lot to the 1km section of approximately 52 meters from the 1km road of the same Gu Cheonggudong to the 52nd road, the Defendant driven the said Adidi vehicle while under the influence of alcohol by 0.138% in the blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. The defendant;

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