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(영문) 서울남부지방법원 2013.10.14 2013고단3236
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. Around 05:30 on July 13, 2013, the Defendant: (a) driven a BM5 vehicle under the influence of alcohol with a blood alcohol concentration of 0.161% from the 200-meter section of approximately 200 meters to the 640-way road in Gangseo-gu Seoul Metropolitan Government, Gangseo-gu, Seoul.

2. 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 BM5 car;

On July 13, 2013, the Defendant driven the said car under the influence of alcohol of 0.161% with blood alcohol concentration around 05:30 on July 13, 2013, and led to the driving of the said car along the three-lane road of 640 degrees in the Gangseo-gu Seoul Metropolitan City and other village of Gangseo-gu along the direction of Gangseo-gu Office.

At the time, it is a new wall at the time, and there were many rains, and the place was where the front-distance flows, and since the center line of yellow-ray is installed, in such a case, the driver of the motor vehicle has a duty of care to reduce speed without drinking to those engaged in driving the motor vehicle and thoroughly operate the steering and brake system, to accurately operate the steering and brake system, and to safely operate the motor vehicle with the duty of care.

Nevertheless, under the influence of alcohol, when the Defendant was negligent in driving the central line, and was negligent in driving it, the front part of the DNA car driven by the victim C(the age of 49) who was driving from the direction of Gangseo-gu Office to the Gayang Station was driven by the Defendant’s driving in the front part of the said SM5 car.

Ultimately, the Defendant driving a motor vehicle in a state where normal driving is difficult due to the above influence of alcohol, and suffered injury to the victim C, such as salt, tension, etc. of the bones of wood that requires two weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition of traffic accidents (1, 2);

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant provisions of the Road Traffic Act concerning facts constituting the crime; and

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