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(영문) 서울남부지방법원 2014.01.28 2013고단4230
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a small-scale car B.

On October 26, 2013, the Defendant driven the said car with a blood alcohol concentration of 0.106% 0.106% around 20:08, and led to the running of the said car at a speed above the front road of the 325 wood apartment complex A, Yangcheon-gu, Seoul, Yangcheon-gu, Seoul, with the front road of the 325 wood apartment complex A, Dong-dong, Yangcheon-gu, Seoul, as the 11-lane of the wood apartment from the shooting distance of the new park.

Since there is a place where the passage of a vehicle and a person are frequent due to the surrounding apartment and commercial buildings, in such a case, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle by keeping the front left of the way well in a clear spirit and preventing the accident from occurring.

Nevertheless, under the influence of alcohol, the Defendant received the right-hand bridge of the victim C(19 years of age) who is a pedestrian crossing the road from the left-hand side of the running direction of the Defendant without permission due to the negligence of neglecting it, and caused injury to the victim, such as salt, tension, and tension with the string of the Defendant’s driving vehicle and the victim’s right-hand shoulder due to the shock, by falling off the front-hand shoulder of the Defendant’s driving vehicle and falling off the victim’s right-hand shoulder on the front side of the vehicle, thereby making the victim suffer from approximately three weeks of medical treatment.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, thereby causing the injury of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. C's statement on the occurrence of traffic accidents;

1. A traffic accident report (1.2);

1. A certificate of drinking alcohol measurement, a report on the state of drinking drivers, and a report on the state of drinking drivers;

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 (the point of causing danger driving) and Article 148-2 of the Road Traffic Act concerning the crime.

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