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(영문) 서울남부지방법원 2014.02.10 2014고단111
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 December 14:45, 2013, the Defendant violated the Road Traffic Act ( sound driving) driving at a section of approximately 2 km from the front of the Yeongdeungpo-gu Seoul Metropolitan Government Yeongdeungpo-dong to the front road of the Hodong oriental Medical Hospital located in Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul to the Hodong oriental Medical Hospital located in Yangcheon-gu, Seoul, and driving a Grand Sksch Rex (B) with a blood alcohol content of at least 0.160% under the influence of alcohol.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury resulting from Dangerous Driving) driving the said van at the time of entry in the preceding paragraph, and driving one lane from the fourth-lane in front of the new oriental medical hospital located in Yangcheon-gu Seoul Metropolitan Government 404 at a speed unsured from the offside to the aburgical slope.

At the time, the Defendant had a duty of care to change the vehicle line in order to overtake the vehicle ahead. In such a case, the Defendant had a duty of care to operate direction direction, etc. to the person engaged in driving service and give notice of change in the course, and to change the vehicle line in the manner of changing the vehicle line in the future and before

Nevertheless, the Defendant neglected this and neglected to change the lane while under the influence of alcohol, and thereby caused the victim C(32 years of age) who was in the front of the direction of the Defendant’s proceeding to drive a DNA high-speed car, which was driven by the victim C(32 years of age), and received the part above the left-hand part of the Defendant’s vehicle.

Ultimately, the Defendant, as seen above, is driving a car in a situation where normal driving is difficult due to influence of drinking.

In the traffic accident, the victim C suffered from the satch satitis that requires approximately two weeks of medical treatment, the victim E (the 32 years of age) who is the passenger of the above vehicle and the F (the 34 years of age) for about two weeks of medical treatment, and the victim G (the 35 years of age) who is the same passenger, for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Statement on the occurrence of each traffic accident;

1. Exemplary drivers;

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