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(영문) 서울남부지방법원 2013.03.21 2013고단292
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a DNA vehicle.

On November 25, 2012, the Defendant driven the above vehicle while under the influence of 0.191% of alcohol concentration in blood on November 25, 2012, and led to two-lane paths in front of the Gangseo-gu Seoul Metropolitan Fire-Fighting Hospital 535 Gangseo-gu, Gangseo-gu, Seoul, to proceed along the two-lanes of the road in the vicinity of the Yangcheon-do Confucian School.

Since there is a crosswalk in which a signal, etc. is installed, the driver of the motor vehicle has a duty of care to check whether there is a person driving the motor vehicle, and to safely drive the motor vehicle in accordance with the traffic signal to prevent the accident in advance.

Nevertheless, the Defendant neglected this and received the first front part of the victim H(age 42) driving who was sent to the right side of the crosswalk in order in the opposite direction, such as the victim E(age 32), the victim F(age 29), the victim G(age 30), and the victim H(age 42) driving who was sent to the right side of the crosswalk in the front of the vehicle due to the Defendant’s negligence, even though the signal was changed to the stop signal while it was difficult to drive normally due to the influence of drinking.

Therefore, the Defendant suffered, by such occupational negligence, the injury of the victim E, such as light frying frying, etc., of frying frying frying, etc., of light frying frying on the right side, which requires treatment for about 8 weeks to the victim F, the injury of frying frying, etc., requiring treatment for about 3 weeks to the victim G, the injury of frying fying fying, etc., of fying fying, which requires treatment for about 2 weeks to the victim H, and the injury of light fying fry, etc., requiring treatment for about 47 weeks to the victim J (the passenger of H), and the injury of light fying fying fying, etc., requiring treatment for about 2 weeks to the victim K (the fying fying fry, 19 years old).

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of H, E, F, and G 1.

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