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(영문) 서울중앙지방법원 2014.03.14 2013고단8256
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

except that 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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by DD Driving) is a person engaging in driving a D Ecuaps

On November 25, 2013, at around 17:45, the Defendant driven the foregoing vehicle while under the influence of alcohol of 0.132%, and driven the said vehicle along the three-lane road in front of the 213-lane agency in the middle-gu Seoul, Jung-gu, Seoul, along the two-lanes from the intersection of the intersection. In such a case, the Defendant had a duty of care to prevent accidents in advance by operating the steering gear and brakes in line with the situation.

Nevertheless, the Defendant neglected to drive the vehicle while driving the vehicle under normal influence of 0.132% alcohol, due to the influence of alcohol, and discovered late after the Fpoter vehicle of the victim E (V, 59 years old) who was parked in the same lane, thereby causing injury to the victim, such as crops and tensions that require approximately two weeks of treatment to the front part of the Epos vehicle.

2. On November 25, 2013, the Defendant driving a D Eccoo motor vehicle under the influence of alcohol level of about 0.132% in the section of about 1km from the front of the South Peace Market in Jung-gu Seoul, Jung-gu, Seoul to the lower-speed agency, which is located in 772, Jung-gu, Seoul, Jung-gu, Seoul, to the lower-speed agency, 213.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime (the point of causing danger driving) and Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of driving sound driving).

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