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(영문) 서울동부지방법원 2015.05.14 2015고단446
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving service of BM5 passenger cars;

On December 16, 2014, the Defendant driven the above vehicle while under the influence of alcohol 0.187% of blood alcohol concentration around 07:15 on December 16, 2014, and led the road of one-lane in front of the Gwangjin-gu Seoul Special Metropolitan City to the right side of the Gungdong at a speed below the speed of speed.

In such cases, a person engaged in driving of a vehicle shall not drive a vehicle in a state where normal driving is difficult due to drinking, and there was a duty of care to reduce the speed of the vehicle and to properly control the steering direction and the brake system and to prevent the accident in advance by accurately manipulating the steering direction and the brake system.

Nevertheless, under the influence of alcohol, the Defendant was found to have been on the front side of the Defendant’s vehicle part of the victim D(the 51-year-old driver’s vehicle) driveed by the victim D(the 51-year-old driver’s vehicle) who was under the influence of alcohol and was negligent in driving.

As above, the Defendant suffered injury such as climatic salt, etc., which requires approximately two weeks of medical treatment, due to negligence in the course of performing duties, while driving a motor vehicle in a state where normal driving is difficult due to drinking.

2. The Defendant violated the Road Traffic Act (driving) at the same time and time as the above “A”, driving a BM5 passenger car under the influence of alcohol content of about 0.187% at a section of about 500 meters from the 500-meter radius to the place where the said accident occurred on the roads in front of the Gero-dong, Seoul Special Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A traffic accident report;

1. A report on detection of a host driver;

1. A written diagnosis and written estimate;

1. Application of Acts and subordinate statutes governing vehicles and field photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 148-2 (2) 2 and Article 44 of the Road Traffic Act.

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