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(영문) 서울서부지방법원 2014.11.11 2014고단2486
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. On August 9, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was driving B rocketing or another car under the influence of alcohol of 0.170% in blood, while driving the 286 Empha car in the direction of Yongsan-gu, Yongsan-gu, Seoul, in the direction of public morals distance.

In this case, the driver of the vehicle has a duty of care to properly operate the brake system according to the surrounding traffic condition while living well in the front line.

Nevertheless, under the influence of alcohol, the Defendant neglected this and failed to properly operate the operation of the operation of the operation of the operation of the operation of the operation of the operation of the operation of the operation of the operation of the operation of the operation of the motor vehicle, which was driven by the victim C in accordance with the new subparagraph, received the right-hand part of the motor vehicle back-setting part of the above operation of the vehicle

As a result, the Defendant, while driving the said rocketing car under the influence of alcohol which is difficult to drive normally, suffered injury, such as c(31 years of age) and e(27 years of age), respectively, to the victim C (31 years of age) and E(27 years of age) who were on board the rocketing car.

2. On the date and time set forth in Paragraph 1, the Defendant driven the said rocketing car with a blood alcohol content of about 0.170% at the section of approximately 3 km of Yongsan-gu Seoul, Yongsan-gu, Yongsan-gu, Seoul, 286, at the front of the soup restaurant, set soup and soup, in front of the day set forth in paragraph 1 of the Road Traffic Act.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. A written statement of C and E;

1. The actual condition survey report, the report on detection of a de facto driver, and the circumstantial statement of a de facto driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Specific crimes as prescribed in the corresponding provisions of the Act regarding criminal facts.

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