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(영문) 서울서부지방법원 2014.04.17 2013고단3436
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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. The defendant is a person who is engaged in driving a c20 bents car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving), violation of the Road Traffic Act, and violation of the Road Traffic Act;

On November 27, 2013, at around 01:05, the Defendant driven the said car while under the influence of alcohol with 0.158% without a driver’s license, and led the Defendant to drive the said car at approximately 60km in the speed of 0.158% in the Han River-ro, Yongsan-gu, Seoul and 91-ro 102 prior to the Han River-ro, Yongsan-gu, Seoul.

At night, the victim's vehicle E, a traffic patrol vehicle belonging to the Yongsan Police Station for the victim's D driver called out after receiving 112 report that the vehicle is dangerous due to a breakdown in front of the night room, so the driver of the vehicle is not able to drive the vehicle in a state where normal driving is difficult due to the influence of drinking, and the driver of the vehicle has a duty of care to prevent the accident in advance by safely driving the vehicle in a state where normal driving is difficult due to the influence of drinking.

Nevertheless, the Defendant neglected to do so and led to the failure to drive normally due to the influence of drinking, such as late reaction speed, and led to the failure of the Defendant to drive the vehicle as it is, by negligence, to drive the vehicle as it is.

Ultimately, the Defendant suffered injury to the victim D by negligence in the course of performing such occupational duties for approximately two weeks, such as fluoral dysium, etc., and suffered injury to the victim F and the victim G, respectively, for about two weeks, from the victim F and the victim G, respectively.

2. On November 27, 2013, around 01:52, 201: (a) the Defendant forged a private document; and (b) the Defendant drafted a traffic accident occurrence statement; (c) voluntary behavior statement; (d) the principal driver’s report; and (e) the statement on the state of the traffic accident; and (e) the statement on the state of the driver’s status; and (e) written consent to blood collection.

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