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(영문) 서울중앙지방법원 2014.12.24 2014고단8485
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

1. Around 06:00 on May 12, 2014, the Defendant driven a blance-low car with a blood alcohol concentration of about 0.204% from the 5km section to the 100-26 km in front of the king beach road in Jung-gu Incheon, Jung-gu, Incheon, to the 06:10 on the same day.

2. The defendant is a person engaged in driving a motor vehicle as set forth in paragraph (1) of the Aggravated Punishment, etc. of Specific Crimes Act;

On May 12, 2014, at around 06:10, the Defendant proceeded along the front road of the Sejong Coastal Sea, which is located in 100-26, Jung-gu, Incheon, Jung-gu, Incheon, in accordance with the two-lanes of the airport, from the kinga Bathing Sea, to the Myeon of the airport city.

At the time, it was night, and at the same time, the road was be bended by the rain where the central separation cost is installed, so in such a case, there was a duty of care to thoroughly drive the driver on the front line and to safely drive the vehicle in compliance with the tea line.

Nevertheless, the Defendant, as stated in Paragraph 1, did not 1, did not see the front section while under the influence of alcohol and was negligent in driving a stroke, and the Defendant got the center separation zone installed on the road at the front section of the car driven by the Defendant.

As a result, the Defendant, while driving the said car in a situation where normal driving is difficult due to the influence of drinking, suffered injury, such as an injury to the victim C (the age of 34) who was on the top of the car operation of the Defendant, and was living in the Defendant’s vehicle operation for six weeks, with no open room for treatment for six weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. C’s statement;

1. Report on the circumstantial statement of the driver and report on the detection of the driver;

1. A traffic accident report;

1. Medical certificates and records in the future;

1. On-site photographs statutes;

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