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(영문) 서울동부지방법원 2013.03.13 2013고단145
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. A person who is engaged in the business of driving a vehicle B in the column B by the defendant in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

On November 25, 2012, at around 00:14, the Defendant driven the said vehicle in a state where it is difficult to drive it normally due to influence of drinking such as drinking, such as drinking alcohol by drinking at the street of 458-2, Gangdong-gu Seoul, Gangdong-gu, Seoul, under the influence of alcohol level of 0.167%, and using clibly red and pened horses.

In such cases, a person engaged in driving a motor vehicle has a duty of care to accurately operate the steering system, brakes, and other devices of the motor vehicle, and to properly report the front side and the left side of the motor vehicle and to prevent the accident from occurring.

Nevertheless, the Defendant, who neglected to do so, sustained the part of the driver's seat back part of the Dmp car of the victim C driving which was driven by the Defendant, and suffered the injury, such as base finites and tensions, from around one week to the victim C, which require a medical treatment for approximately two weeks; and injury to the victim E, who is the passenger of the damaged vehicle, such as base finites and tensions, which require a medical treatment for approximately two weeks to the victim E; and injury to the same F and G, such as light f in need of medical treatment for approximately two weeks.

2. Around 00:14 on November 25, 2012, the Defendant driving a vehicle with a 8 km b ccoon from Macheon-dong in Songpa-gu, Seoul to 458-2 on the street, while under the influence of alcohol with a 0.167% alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. C's statement of traffic accident;

1. A traffic accident report (survey report on actual condition) 1 records of the results of measurement of drinking alcohol, and a report on detection of drinking drivers;

1. Each written diagnosis;

1. Application of the written estimate statutes;

1. Article applicable to criminal facts;

(a) each;

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