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(영문) 서울북부지방법원 2013.06.27 2013고단894
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. Around 22:00 on April 9, 2013, the Defendant driving a vehicle of about 10 meters in the direction of a luxur in the direction of a mountain, while under the influence of alcohol of 0.2% of the blood alcohol concentration at the inner cycle of the monthly lux in Dongdaemun-gu Seoul, Dongdaemun-gu.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person who is engaged in driving C body-man car.

On April 9, 2013, the Defendant driven the said car under the influence of alcohol of 0.2% with a blood alcohol concentration of 0.2% on April 22, 2013, and led to a three-lane road in the inside circulation in the vicinity of the monthly clockp in Dongdaemun-gu Seoul Metropolitan Government, Dongdaemun-gu, along three-lanes from the edge of the mamp, to a speed of about 10km per hour.

At the time, vehicles are engaged in driving on the front side by reason of night and traffic congestion, so in such a case, the driver of the vehicle has a duty of care to safely drive the vehicle so that it does not see the vehicle and prevent the accident in advance by maintaining the safety distance with the vehicle prior to the driver.

Nevertheless, the Defendant neglected to drive under the influence of the above drinking, and failed to discover the E-motor vehicle driven by the victim D (the age of 30) who stops due to the traffic congestion, and received the back part of the said D-motor vehicle as the front part of the Defendant’s vehicle.

Ultimately, the Defendant suffered, by its occupational negligence, the injury to the said D, such as salt, tensions, etc. in need of approximately two weeks of medical treatment, and the injury to the victim F, who was on the top of the foregoing D’s vehicle operation, on board the victim F, who was on board the said D’s vehicle operation for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of D police statement;

1. The actual condition of traffic accidents;

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