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(영문) 전주지방법원 2013.09.11 2013고단1544
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a motor vehicle by obtaining a franchise.

1. Around 04:00 on May 16, 2013, the Defendant driven the said car at the section of about 5.5 km from the front side of the moving bridge located in the Yansan-gu Seoul Special Metropolitan City to the front side of the green distance located in the Jinjin-gu Seoul Special Metropolitan City under the influence of alcohol content of 0.197%.

2. On May 16, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven the said car under the influence of alcohol, and led the students’ hall to drive the said car along the intersection of the green distance in the Jinjin-gu, Jinjin-gu, Seoul Special Metropolitan City along the three-lane road from the student hall to the sand market air protection area.

Since there is a signal, there was a duty of care to safely drive a motor vehicle as a person engaged in driving.

Nevertheless, under the influence of alcohol, the Defendant neglected to drive under the influence of alcohol while making it difficult for the Defendant to drive the taxi normally due to the influence of alcohol and by negligence committed in violation of the signal, and received the part of the Defendant’s front-hand part of the victim D(the age of 66) driving, which was going through the front-time viewing room from the front-time viewing room in accordance with the Mail-si.

As a result, the Defendant, by such occupational negligence, suffered injury to the said D, such as brain-dead sugar requiring treatment for about two weeks, injury to the victim F (23 years of age) who was on the back seat of the said taxi, such as elbow bows, requiring treatment for about two weeks, and injury to the victim G (23 years of age) who was on the back seat of the said taxi, requiring treatment for about six weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to F, D, and G;

1. The report on traffic accidents, on-site photographs, etc.;

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