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(영문) 서울중앙지방법원 2013.12.27 2013고단6837
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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. Around 06:40 on September 9, 2013, the Defendant was under the influence of alcohol, and the Defendant was driving at the Hanyang apartment 35 lanes in the Hanyang apartment zone located in the pressure-gu Seoul, Gangnam-gu, Seoul. On the other hand, the Defendant attempted to drive the said C’s car at the right side of the Defendant’s passenger vehicle, with the repair cost of KRW 9,670,980 on the rear side of the C’s car running ahead of the same lane, and without taking any measures to damage and damage the repair cost of the said C’s car to the extent of KRW 9,670,980 on the rear side of the C’s car.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven the said car while under the influence of alcohol by 0.219% at the time and place stipulated in paragraph (1), and led to escape bypassing it to the sexual intercourse at the intersection of the Sung River-west Intersection after causing the accident.

In the case of bypassing a right at the intersection, there was a duty of care to reduce the speed, accurately operate the steering gear, and safely drive the steering gear to prevent accidents in advance.

Nevertheless, in order to turn to the left from the shooting distance of the Hanyang apartment, due to negligence of not operating the steering system and steering wheel system properly under the influence of alcohol, the Defendant left the front part of the victim E(the age of 43) driving, which stopped on one lane to the front of the Hanyang apartment on the right side of the Hanyang apartment. The Defendant received the front part of the victim E(the age of 43) driving from the front part of the Defendant's vehicle, which was in the signal atmosphere, and got the front part of the above traffic vehicle to the front part of the vehicle.

Accordingly, the defendant is difficult to drive normally due to the influence of drinking.

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