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(영문) 서울중앙지방법원 2013.12.06 2013고단4750
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 engaged in driving a motor vehicle with C New Zealand X-D.

On April 6, 2013, at around 00:24, the Defendant driven the said car under the influence of alcohol of 0.176% with a blood alcohol concentration of 0.17%, and turned the two-lane road of 485, Seoul Special Metropolitan City, Nowon-gu, toward a speed of about 85 to 90km along the two-lanes towards Hoamba.

At the time, the road at night and its location is a bend road at a speed of 50 km/h, so a person engaged in driving a motor vehicle has a duty of care to safely drive the front side of the course by checking it well, and to properly manipulate the brake and steering gear so as to prevent accidents in advance.

그럼에도 불구하고 피고인은 이를 게을리 한 채 술에 취하여 과속으로 진행하던 중 제동 및 조향장치를 제대로 조작하지 못한 과실로 진행방향 우측연석을 충돌한 후 중앙선을 침범하여 맞은편에서 오던 피해자 D(여, 27세) 운전의 E 혼다 줌머 원동기장치자전거를 위 승용차 앞범퍼 부분으로 들이받아 그 충격으로 피해자가 튕겨나가 바닥에 넘어지게 하였다.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, resulting in the death of the victim, such as an external shock shock, etc. at G Hospital located in Yeongdeungpo-gu Seoul Metropolitan Government F, Yeongdeungpo-gu, Seoul, on April 6, 2013.

2. The Defendant violated the Road Traffic Act ( sound driving) at the time and time set forth in paragraph (1) of this Article, while under the influence of alcohol with approximately 0.176% of alcohol alcohol concentration from the front of the Guro Digital Group located in Guro-gu Seoul to the place of the accident at issue, the Defendant driven the said C New-burf X-D car.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A report on detection of a host driver;

1. Blood alcohol;

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