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(영문) 서울동부지방법원 2015.08.27 2015고단1851
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

except that 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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a BMW car;

On June 10, 2015, the Defendant driven the said car while under the influence of alcohol of 0.125% on blood alcohol level around 09:55, and led the front road of Gwangjin-gu Seoul Special Metropolitan City to run approximately 60km in the speed of 3-lanes from the Gun guard of the military, along with the flow distance of chemical dust.

At the same time, the signal was an intersection where the signal was installed, so in such a case, the defendant engaged in driving of the motor vehicle had a duty of care to safely drive the motor vehicle in accordance with the signals by reducing the speed and keeping the right and the right and the right of the road well.

Nevertheless, under the influence of alcohol, the Defendant neglected this and went beyond the floor by being driven by the victim D(45 years old) who passed the crosswalk installed on the front side of the bicycle driving on the left side along the pedestrian signal by neglecting the fact that the vehicle driving signal is changed to a stop signal while driving it.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and caused the victim to suffer bodily injury, such as the alley of the right-side executive in need of medical treatment for about 12 weeks.

2. On June 10, 2015, around 09:30 on June 10, 2015, the Defendant driving BMW on the 2km section from the Defendant’s house located in Seongdong-gu Seoul, Seoul to around 09:55 on the same day, while under the influence of alcohol by 0.125% from the blood alcohol concentration from the front parking lot of the Defendant’s house located in Seongdong-gu, Seoul to the front road of Gwangjin-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A traffic accident report, actual condition investigation report, and traffic accident occurrence report;

1. A written report from an employee of an employer;

1. A medical certificate;

1. Each report on investigation;

1. Application of each statute of photograph 1.

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