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(영문) 서울동부지방법원 2014.01.16 2013고단3047
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

The defendant is a person who is engaged in the duty of driving a Grand City Car.

On August 30, 2013, at around 00:50, the Defendant driven the said car in a state where it is difficult to normally drive due to the influence of alcohol due to the influence of alcohol due to the alcohol on the front of the 218-1% of blood alcohol concentration on the road in Gwangjin-gu Seoul Special Metropolitan City, Gwangjin-gu, Seoul Special Metropolitan City, and driven the said car at an irregular speed in the direction of the distance of the plaza in the northwest of the Olympics.

In such cases, the driver of a motor vehicle has a duty of care to live well on the front side and left side of the motor vehicle and drive the motor vehicle safely.

Nevertheless, the Defendant neglected to do so while driving a yellow stop signal at the front of the victim C driver's DP car which stopped in the yellow stop signal at the front of the vehicle driven by the Defendant, and inflicted injury on the victim C, such as crums, tensions, etc. requiring approximately two weeks of treatment for the victim C, and suffered injury such as crums and tensions requiring approximately three weeks of treatment for the victim E, the chief passenger of the damaged vehicle, and at the same time, damaged the damaged vehicle in excess of KRW 4,043,380 of repair cost.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Statement of the occurrence of E traffic accident;

1. Application of the Act and subordinate statutes to survey reports on actual condition, reports on occurrence, reports on detection of a host driver, reports on the disclosure of the situation of a host driver, reports on the accident site, and photographs of damaged vehicles, medical certificates, and written estimates;

1. Article applicable to criminal facts;

(a) The fact of injury caused by each dangerous driving: Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes;

(b) point of a drunk driving: Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act;

(c) Occupation, destruction of property by occupational negligence: Article 151 of the Road Traffic Act; and

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the violation of the Road Traffic Act due to the damage to property).

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