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(영문) 서울북부지방법원 2013.03.28 2013고단246
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 21:09 on December 25, 2012, the Defendant driven Bone Star Cornex under the influence of alcohol concentration of 0.162% from the front of the shooting distance in the Dongdaemun-gu Seoul Metropolitan Government, Dongdaemun-gu to the front road of the 312-323 front of the Dongdaemun-gu, Dongdaemun-gu, Seoul.

2. The defendant is a person who is engaged in the business of driving Bone Star bus in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving)

On December 25, 2012, at around 21:09, the Defendant driven the above van while under the influence of alcohol, as set forth in paragraph (1) of this Article, and led to a three-lane road of the 312-323 km in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, to proceed from the direction of the city survey ginseng, about 20km in speed, depending on two-lanes towards the tri-si Hospital.

At the time, there was a signal at night and at the front, and thus, there was a duty of care to reduce the speed to the person engaged in driving of a motor vehicle and to prevent the accident in advance by driving the other motor vehicles with the same situation in the signal lights and the front door.

Nevertheless, as above, the Defendant neglected to drive under the influence of alcohol while driving under normal conditions, and did not look at the front, and did not immediately find it possible for the victim C (the 40-year-old) to stop according to the stop signal of the front, and did not avoid the wind, and the Defendant did not drive the said rocketing car with the part front of the passenger wheel which the Defendant driven, and caused the shock to get the victim E (the 44-year-old) who stopped in front of the said rocketing or other car, driving the said rocketing car to the above part as the front wheeler of the rocketing car.

Ultimately, the Defendant is guilty of occupational negligence as above.

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