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(영문) 서울남부지방법원 2013.08.27 2013고단2265
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

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. On June 8, 2013, at around 15:00, the Defendant used a vehicle driver’s license for violation of the Road Traffic Act and the Road Traffic Act (driving without a license), the Defendant driven BM3 vehicle under the influence of alcohol with approximately 0.243 percent of blood alcohol concentration from the section of about 1km to the road near the Dong-dong Digital Group located in Geumcheon-gu Seoul Metropolitan Government to the same additional Dong Digital Group.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was driven by the above car at the time indicated in the preceding paragraph, and the Defendant was in front of the entrance road in front of the entrance road in the area of the Additional Digital Group in Geumcheon-gu Seoul Metropolitan Government, Geumcheon-gu, along the airside of the Gu from the Jinsan basin to the airside of the Gu,

At this point, there was a straight-on vehicle, and there was a vehicle under stop on the left-hand left-hand turn in the opposite direction, so the vehicle owner had a duty of care to not drive the vehicle on the moving signal by displaying the front and the vehicle signal, and to not drive the vehicle on the opposite direction.

Nevertheless, the Defendant, while under the influence of alcohol content at the time, was under the influence of alcohol to a level of 0.243 percent and was unable to normally operate the brake system, was negligent in the course of performing duties and driving the said vehicle in the opposite direction by driving the vehicle under the stop signal while neglecting the duty of the front direction. The Defendant shocked the right side part of the Dolst or other taxi vehicle driven by the victim C (the age of 61) who was stopped pursuant to the stop signal at the left right line of the opposite direction at the time, with the top part above the right-hand part of the Defendant’s vehicle driven by the victim E (the age of 27) who was stopped at the rear side of the said taxi, and shocked the front part of the FM 3 vehicle driven by the Defendant.

Ultimately, the Defendant is driving normally due to the influence of drinking as above.

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