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(영문) 서울중앙지방법원 2014.05.23 2014고단1902
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving of a vehicle C EcooS.

On January 9, 2014, at around 00:28, the Defendant driven approximately 1.8km from the foregoing car to the front-ro 72-2 of the Seoul Jongno-gu Seoul National University, Jongno-gu, Seoul National University.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) led the Defendant to proceed along the three-lanes of the four-lanes from the intersection of the paper one intersection to the intersection of the two-lanes under the condition that normal driving is difficult under the influence of alcohol as stated in paragraph (1) on the date stated in paragraph (1).

When a driver of any motor vehicle follows another motor vehicle traveling ahead of the same direction, he/she has a duty of care to secure a distance necessary to avoid any collision with the motor vehicle traveling ahead of it when the latter stops suddenly.

Nevertheless, the defendant neglected the above duty of care and proceeds ahead of the same lane in the vicinity of the driver's negligence.

The back of the E-ro taxi driven by D (E, 49 years old), which was found to have stopped and speeded, led the Defendant to the front driver of the passenger car.

Ultimately, the Defendant suffered injury to the victim FF (the 23 years of age and remaining) who was aboard the taxi due to the above occupational negligence, such as catitis that requires three-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. The actual survey report on traffic accidents;

1. Application of Acts and subordinate statutes to medical certificates and copies of hospital records;

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act applicable to the relevant criminal facts, and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (a point of causing danger driving);

1. Imprisonment with prison labor for each choice of punishment;

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