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(영문) 서울동부지방법원 2013.08.07 2013고단1357
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 of the final judgment.

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) was a person engaged in driving a motor vehicle B, and the Defendant driven the said motor vehicle under the influence of alcohol concentration of 0.209% around 13:30 on May 18, 2013 and driven the said motor vehicle according to three lanes along the five-lane road from the remote distance bank located in Gangdong-gu Seoul Metropolitan City, Gangdong-gu, the roads located in the 228-12-dong Seoul Metropolitan City, to the Western IIC bank.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and there was a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as making a good report on the traffic situation, accurately manipulating the steering gear, etc.

Nevertheless, the Defendant neglected to do so and neglected to do so and neglected to do so, and received the back portion of the victim C(the age of 46) driving that was proceeding on the front side of the Defendant’s vehicle.

As above, the Defendant driven the said car in a state where it is difficult to drive the car normally due to influence of drinking, and suffered injury, such as light fluoral salt, which requires treatment for about two weeks.

2. Around 13:30 on May 18, 2013, the Defendant driving a car in B the Bmea while under the influence of alcohol content 0.209% of alcohol content at the 0.209% at the entrance of the Seocho-gu Seoul Metropolitan Government (Sanam-12) from the scopic scopic site to the scopic road at the entrance of the Seocho-gu Seoul Metropolitan Government (Sanam-12).

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of a traffic accident C;

1. A traffic accident report;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 148-2 (2) of the Road Traffic Act concerning criminal facts and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes.

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