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(영문) 서울남부지방법원 2014.11.21 2014고단3743
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. Violation of the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving) is a person engaging in driving of B Cost Star Engines;

On July 26, 2014, at around 00:30, the Defendant driven the above van while under the influence of alcohol of 0.173% with a blood alcohol concentration of 0.173%, and continued to drive a five-lane road in front of the 393rd Dong-dong, Yangcheon-gu Seoul, Yangcheon-gu, with two-lanes from the west Park to the New Tri Park.

At the time, it is night and its place is 60 K km speed, so in this case, the driver of the vehicle has a duty of care to prevent accidents by complying with the speed and speed and operating the steering gear and brakes accurately.

Nevertheless, the Defendant neglected his duty to drive a motor vehicle under the influence of alcohol as above and neglected to drive the motor vehicle at a speed exceeding 37 KK at a speed, thereby changing the vehicle from the three lanes to the two lanes, which the victim C (the age of 26) driven by the two lanes, was in front of the Defendant’s vehicle.

As a result, the Defendant suffered, by negligence in the above business, injury to the victim, such as fluor, fluor, fluor, fluor, and fluor, which requires medical treatment for about 12 weeks, and injury to the victim E (V, 26 years of age) who is the fluor of the victimized vehicle, such as a fluor’s stude s

2. Violation of the Road Traffic Act (driving) was driven by the Defendant from the Immigration Office in Yangcheon-gu Seoul, Yangcheon-gu, Seoul to the roads located in 393 Dong-dong, Yangcheon-gu, Yangcheon-gu, Seoul, while under the influence of alcohol at approximately 700 meters from the roads in front of the Dong-dong, Yangcheon-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Reports on internal accidents (the comprehensive analysis and response of traffic accidents);

1. A report on the statement of the status of an employer, and a report on the entry into an employer;

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