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(영문) 서울동부지방법원 2013.12.19 2013고단2026
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

[criminal power] On July 23, 2010, the Defendant issued a summary order of KRW 1 million for the crime of violating the Road Traffic Act at the Seoul Central District Court on July 23, 2010. On June 11, 2013, the Gyeonggi Mine Police Station entered into the violation of the Road Traffic Act ( sound driving) at the Gyeonggi Mine Police Station, and on July 2, 2013, the summary order was requested at the Sungnam Branch Office of the Suwon District Prosecutors' Office and is still pending in the trial.

【Criminal Facts】

The Defendant is a person who is engaged in driving a rocketing car.

On July 18, 2013, the Defendant driven the said car with a blood alcohol concentration of 0.137% around 02:50 on July 18, 2013, and led to the driving of the said car into the Han River Water Site from the 740th of the Asian Olympic Winter, Songpa-gu Seoul Olympic Games to the Han River Water Site.

Since there is a signal, a person engaged in driving service has a duty of care to drive safely in accordance with the new code.

Nevertheless, under the influence of alcohol, the Defendant was negligent in neglecting this and received from the left-hand side of the Defendant’s proceeding direction the part of the victim D(51 years old)’s pentum part in front of the right-hand part of the Ebanon-si in the direction of the Defendant’s proceeding to the right-hand side of the Defendant’s car.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to influence of drinking, and suffered injury such as salt, tension, etc. by driving the car for about a week to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The actual condition survey report, the traffic accident occurrence report, the master-employed driver's license report, the report on the actual condition of the driver, each diagnosis letter, estimates, road photographs on the scene of the accident, and the image of the damaged vehicle records;

1. Previouss before judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, amounts of dispositions and results of confirmation;

1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment.

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