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(영문) 서울동부지방법원 2013.07.25 2013고단1465
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

1. Around 02:15 on May 26, 2013, the Defendant driving a B SP vehicle under the influence of alcohol concentration of 0.152% from the 20km section of Seongdong-gu Seoul Special Metropolitan City, Seongdong-gu, Seoul to the 63-19 front road.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused by Dangerous Driving) driven the said Scuadon car at the time set forth in paragraph 1, and led the road of four-lanes in front of the Scuadon-dong, Seongdong-gu, Seoul, Seongdong-gu, Seoul to drive the said Scuadon car at a non-speed speed depending on three-lanes toward the direction of Scuadon-distance from the opposite intersection.

At the time, since it is a new wall and an intersection where signal lights are installed, there was a duty of care to prevent accidents by proceeding with the person engaged in driving service in accordance with the new code.

Nevertheless, under the influence of alcohol, the Defendant was unable to neglect the vehicle driving signal while disregarding and proceeding the vehicle driving signal while being a stop signal, and was driven by the victim C(52) who was driving along the vehicle driving signal from the direction of the Twitch distance on the side of the Twitch spathm.

Ultimately, the Defendant, as seen above, driven a car in the ice area where it is difficult to drive the car normally due to influence of drinking, and suffered injury to the said C, such as an infinite salt, etc. which requires approximately two weeks of medical treatment, injury to the victim E (V, 29 years of age) who was on board the said taxi, such as an infinite salt, etc. which requires approximately two weeks of medical treatment, and injury to the victim F (F, 30 years of age) such as a catus finite, etc. which requires about four weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A report on traffic accidents and a report on actual condition;

1. A report on the statement of the status of a drinking driver, a report on detection of a drinking driver, and a drinking output;

1. A report on investigation;

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