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(영문) 서울서부지방법원 2014.11.28 2013고단1054
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

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) and the Defendant is a person engaged in the operation of C Lastren motor vehicles;

On April 7, 2013, the defendant obtained the driver's license on April 21, 2013, and 0.157% of blood alcohol concentration, while under the influence of alcohol, the defendant proceeded along three-lanes from the side of the Hanm Newspaper to the public intersection in Mapo-gu Seoul.

At night, since the vehicle line was changed from the three-lane to the one-lane, the driver had a duty of care to live well on the front side and the right and the right, and to proceed with it at a safe speed and in a safe way.

Nevertheless, the Defendant neglected this and received the part of the FK5 car back to the right side of the Defendant’s vehicle, which is driven by the victim E (W, 30 years old) in the traffic direction at one lane due to the negligence of changing the vehicle line.

As a result, the Defendant, while driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, was negligent in neglecting his duty of care as a driver, caused the injury to the victim E, such as salt, tensions, etc. of the bones, which requires a two-day medical treatment, and damaged the victim G (the victim 25 years old), the victim H (the victim 25 years old), the victim I (n, the victim I, the 24 years old), and the victim J (n, the 36 years old), respectively, at the same time, damaged the damaged vehicle to the extent that approximately KRW 4,273,518 of repair costs, such as fishing and repair of the damaged vehicle.

2. Around April 21, 2013, the Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (Driving without a license). On April 7, 2013, the Defendant is under the influence of alcohol with a distance of about 4 km from the front road of Dongdaemun-gu Seoul Dongdaemun Station to the front road of Mapo-gu Seoul Metropolitan Government (Seoul Mapo-gu) without obtaining a driver’s license, and the blood alcohol concentration of about 0.157%.

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