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(영문) 서울중앙지방법원 2013.11.08 2013고단5122
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On August 7, 2013, the Defendant, while under the influence of alcohol at around 04:20% of blood alcohol content, driven CK5 vehicle from the road front of the mutual influence point in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul to the road front of 471, the pressure-gu, Gangnam-gu, Seoul.

2. The Defendant, at around 04:20 on August 7, 2013, was under the influence of alcohol at a 0.120% on a blood alcohol level, while driving the CK5 car at the same time as it is difficult to drive the car normally and driving along the four-lanes of the above road, from the north bank of the CK-dong, Gangnam-gu, Seoul to the north bank of the EF-dong, along the four-lanes of the above road. While the Defendant was under the duty of care to change the lanes by taking into account the traffic conditions of the front bank and the right side, the Defendant was negligent in driving the vehicle while driving the vehicle along the seven-lane lane of the above road and waiting for the above seven-lane alcohol level, and the Defendant was under the duty of care to care of the victim, such as the part where the Defendant was under the duty of care of the victim for driving the vehicle at the right side of the EM525 V car, and the part where the victim was under the duty of care of the victim for driving the vehicle at the front of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Detailed descriptions of each traffic accident situation statement prepared by D or F;

1. Descriptions of the circumstantial statement of the driver and the report on detection of the driver; and

1. Entry of a traffic accident report;

1. Application of each statute to each written diagnosis;

1. The driving under the influence of alcohol under Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

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