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(영문) 서울서부지방법원 2013.10.01 2013고단1762
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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a rocketing or other car.

On May 31, 2013, the Defendant driving the said car around 00:32, and proceeding around 60 km at a speed of 50 km-do Seoul, Yongsan-gu, Yongsan-gu, Seoul, along with the first line among the fourth lines, on the road along the 551 Gangnam-dong, Yongsan-gu, Seoul.

In front of the passenger car of the victim D(62 years old), the driver of the vehicle was under duty of care to safely drive the vehicle by checking the progress of the vehicle in front of the passenger car of the victim.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to stop the vehicle due to the breakdown of the Victim F (Age 41) driving G K5 Engine, which was driven by the Defendant, but did not discover the speed of the vehicle, led to shocking the back end part of the rocketing cab in front of the rocketing other car, and led to shocking the part of the KS5 cab with the front part of the rocketing cab in front of the rocketing cab.

As can be seen, the Defendant driven a car in a state where normal driving is impossible due to influence of drinking, and sustained injury to the said D, such as brain salvina, which requires treatment for about three weeks, and suffered injury to the victim H(H44 years old), who is the passenger of the said rocketing taxi, such as dypump, requiring treatment for about three weeks, and suffered injury to the said F, such as dypump dump, tension, etc.

2. The Defendant violates the Road Traffic Act (driving) in a state of under the influence of alcohol of about 0.117% from the 6km section of Yongsan-gu Seoul Metropolitan Government to the 551 Gangnam-dong, Yongsan-gu, Yongsan-gu, Seoul, in accordance with the distribution of Seocho-gu Seoul Metropolitan Government.

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