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(영문) 서울중앙지방법원 2014.07.09 2014고단3591
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

However, 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 23:20 on May 27, 2014, the Defendant was under the influence of alcohol at around 0.174% of blood alcohol level, and the Defendant driven approximately two kilometers of B rocketing car volume to the front of the road in front of the instant restaurant located in the distribution dong of Seocho-gu Seoul, Seocho-gu, Seoul, at the front of the instant restaurant.

2. 특정범죄가중처벌등에관한법률위반(위험운전치사상) 피고인은 2014. 5. 17 23:20경 위 승용차를 운전하여 서울 강남구 도곡로 강남세브란스병원앞 편도 5차로 도로의 2차로를 ‘뱅뱅교차로’ 방면에서 ‘한티역’ 방면으로 진행하게 되었다.

The Defendant was under the influence of alcohol level 0.174%, and is divided into 0.174%, and the blood is very red and walking was difficult to drive a vehicle in a normal condition, such as a string distance, so no vehicle was driven. In such a case, the driver of the vehicle was obliged to pay a duty of care to prevent accidents by keeping the front line and left and right, and driving the vehicle safely.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in driving the center line in a situation where normal driving is difficult, due to the negligence of neglecting the center line and operating it as it is, thereby overcoming the Defendant’s vehicle, received the part of the victim C(54 years old) driving ahead of the signal atmosphere from the opposite direction of the Defendant vehicle as the front-hand part of the Defendant vehicle.

Ultimately, the Defendant, while under the influence of alcohol, was driving in a state where normal driving is difficult, and the Defendant suffered injury to the victim, such as light fluoral salt, which requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

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

1. C’s statement;

1. A traffic accident report;

1. A report on detection of a host driver;

1. A medical certificate;

1. Written estimate;

1. Application of the Acts and subordinate statutes of photographs.

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