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(영문) 서울중앙지방법원 2014.01.17 2013고단7413
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

, however, from the date of this judgment, the defendant.

Reasons

Punishment of the crime

1. Defendant A is a person who drives a D’s low-priced car for business purposes.

On October 8, 2013, the Defendant driven the said car under the influence of alcohol of 0.249% with a blood alcohol concentration of 00:00,00, and continued the road of 5-lanes in front of the shooting distance of 120, Sejong-dong, Gangnam-gu, Seoul, with a three-lane speed from the river basin to the Seoul Airport at a speed of 50km.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and he/she has a duty of care to safely drive the motor vehicle by reporting the forward traffic progress situation well and accurately operating the steering gear, etc. so as to prevent traffic accidents.

Nevertheless, the Defendant neglected to perform the duty at the front time while under the influence of alcohol, caused the Defendant to shock the car by using the F-Pad-ro, which was driven by E, a signal atmosphere in front of the Defendant’s proceeding direction, and caused the car again by the victim B (the age of 53) who was in front of the said vehicle, who was driving in front of the said vehicle.

Ultimately, the Defendant, as seen above, driven the above low-priced car in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the victim who was on the car of the franchis, such as salt, tension, etc. for about three weeks of treatment.

2. At around 00:00 on October 8, 2013, Defendant B driven a Gho-do car without obtaining a driver’s license from around approximately 2 km to the roads near the Seogdong Station in Gangnam-gu Seoul, Seoul to the roads front of the Sejongdong street, such as the foregoing paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. A written statement of the occurrence of E traffic accidents;

1. The actual condition survey report;

1. Report on the circumstantial statement of the driver and report on the detection of the driver;

1. Registers of driver's licenses;

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

1. Criminal facts;

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