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(영문) 서울동부지방법원 2013.07.22 2013고단60
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

On March 15, 2007, the Defendant issued a summary order of two million won or more for a violation of the Road Traffic Act in the Suwon District Court's Ansan Branch on March 15, 2007, and a summary order of three million won or more for a violation of the Road Traffic Act at the Seoul East District Court on August 31, 2007.

On December 27, 2012, the Defendant driven the above cargo while normal driving is difficult due to the influence of alcohol 0.117% of blood alcohol level around 00:10 on December 27, 2012, and came to turn to the left from the intersection located in 51-4, Gangdong-gu, Seoul, Gangdong-gu, at the intersection located in 51-4.

Since there is a left-hand turn at a non-protective area, there was a duty of care to prevent accidents due to the safe left-hand turn by checking the traffic conditions such as the opposite direction lane, etc. as the defendant engaged in the vehicle driving duty.

Nevertheless, the Defendant neglected to do so and did not look well at the right-hand left-hand left-hand turn, and caused injury to the victim, such as catitis, which requires approximately two weeks of medical treatment on the right-hand side of the victim D(25 years old) driving, a two-lane of the two-lane road in the opposite direction to the right-hand side of the cargo vehicle of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A report on traffic accidents and a report on actual condition;

1. Data on the measurement of drinking alcohol, reports on detection of drinking drivers, and circumstantial statements of drinking drivers;

1. Each photograph;

1. A written diagnosis and written estimate;

1. Previous convictions in judgment: Application of a reply to criminal records and investigation reports (reports on previous convictions and summary orders attached thereto);

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. The injury caused by dangerous driving: Article 5-11(b) of the Act on the Aggravated Punishment, etc. of Specific Crimes.

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