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(영문) 서울동부지방법원 2013.10.14 2013고단2163
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

[criminal power] On September 26, 2006, the Defendant received a summary order of KRW 1.5 million from the Seoul Northern District Court to a fine of KRW 1.5 million, a summary order of KRW 1.5 million to a fine of violation of the Road Traffic Act at the Seoul Central District Court on September 3, 2008, and a summary order of KRW 3 million to a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Seoul Northern District Court on February 16, 2012, respectively.

【Criminal Facts】

The defendant is a person who is engaged in driving of a Chived vehicle owned by the defendant or Chived vehicle.

1. Around 01:20 on June 22, 2013, the Defendant driven the said vehicle without obtaining a driver’s license in the section of 2.29 km from the vicinity of the village located in the 416-dong, Gangdong-gu, Seoul, to the luxity of the road located in the 9-14-dong, Gangdong-gu, Gangdong-gu, Seoul at around 01:30 on the same day.

2. On June 22, 2013, at around 04:25, the Defendant driven the said vehicle while under the influence of alcohol of about 0.161% from the parking lot to the day before reaching the front of the parking lot, at a section of approximately 1m of alcohol from the parking lot, due to the parking at the lusium in Gangdong-gu Seoul Metropolitan Government 9-14.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to check whether there is no person around the motor vehicle and to check whether there is a person in the vicinity and right.

Nevertheless, the Defendant neglected this and kneeed the victim D (age 35) bucks and kneee knee in the victim D (age 35) who was on the back of the vehicle that the Defendant driven by negligence.

As a result, the Defendant was negligent in driving a motor vehicle while normal driving is difficult due to influence of drinking, and caused the victim to suffer injuries, such as knee knee, knee knee, tension, etc.

Summary of Evidence

1. Defendant's legal statement;

1. A report on traffic accidents and a report on actual condition;

1. Statement of the police with D 1.

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