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(영문) 서울중앙지방법원 2014.12.03 2014고단7342
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. Around 23:50 on January 24, 2014, the Defendant driven a DNA car under the influence of alcohol with a blood alcohol concentration of 0.107% from the 1km section from the 1km road in Gangnam-gu Seoul Cheongdamdong to the front road in front of the same 131-6-dong.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a Dchip motor vehicle;

On January 24, 2014, at around 23:50, the Defendant driven the said car while under the influence of alcohol, and led to the roads of seven lanes in front of 131-6, Gangnam-gu, Seoul, Chungcheongnam-gu, Seoul to proceed along one-lane from the Gyeonggi-do boundary to the Young-dong intersection.

Since there is a place where a signal light and a crosswalk are installed, there was a duty of care to check whether a person engaged in driving service is a person who flicks a way by checking the signal, left, and signal well, and to drive safely in accordance with the new code.

Nevertheless, the Defendant neglected to drive the vehicle in a state where it is difficult to drive the vehicle normally due to such influence of drinking, and neglected the fact that the vehicle driving signal is changed to a stop signal, and due to the negligence of the Defendant’s left side of the vehicle, which led to the Defendant’s failure, left side of the body of the victim E (V, 28 years old), the victim F (V, 28 years old), and the victim F (V, 28 years old) on the right side of the vehicle.

As a result, the Defendant suffered from occupational negligence as above the injury to the victim E, such as cutting the framework part of the frame, cutting the body body of the ductal and ductal aggregate, etc., and injury to the victim F, such as cutting the framework part of the ductal body, cutting the ductal part of the ductal part, and cutting the ductal part of the ductal part in need of six weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of each police statement to F and E;

1. A traffic accident;

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