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(영문) 서울남부지방법원 2014.10.08 2014고단3044
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. The defendant is a person who is engaged in driving of freight B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

On June 21, 2014, the Defendant driving the above cargo vehicle around 00:20, and driving the above cargo vehicle along the three-lanes in front of the claimed apartment, which is located in Yangcheon-ro 26-gil 103, Gangseo-gu, Seoul, along the direction of Yangcheon-do Confucian School in the direction of the new fire prevention distance, under the influence of alcohol concentration of 0.142%.

At the time, it is night and its location is the road on which vehicles pass, so in such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by emphasizing the front door and accurately manipulating the steering and steering devices.

Nevertheless, the defendant neglected to do so and neglected to do so and is proceeding under the influence of alcohol.

The victim C(51) driven by the victim C(51) who was driving ahead of the same direction was found late to find out that the vehicle in body was parked in order to signal the signal atmosphere and was operated rapidly, and was able to drive the vehicle in front of the defendant's vehicle.

As a result, the victim C's car was driven by Franchisa car operated by the victim E (the 30-year-old) prior to the same direction, and the victim E's car was pushed by G (the 38-year-old-old-old-car) operated by the victim G (the 38-year-old-car) prior to the same direction.

Ultimately, the Defendant driven the said Defendant’s car in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim C, such as light fat, etc. in need of a two-day medical treatment for about 10 days, injury to the victim E such as light fat, etc., and injury to the victim G, which requires a two-day medical treatment for about 2 weeks.

2. The Defendant who violated the Road Traffic Act (driving) is Seoul around 00:20 on June 21, 2014.

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