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(영문) 서울동부지방법원 2015.01.15 2014고단3488
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. Around 01:05 on September 23, 2014, the Defendant driven a DNA-learning car under the influence of alcohol content of 0.208% from the 1km section from the 1km section to the c convenience point in the same Gu from the 0.205 speed around the Yanyang-dong, Gwangjin-gu, Seoul to the Yanyang-dong, Seoul.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was a person engaging in driving a D bargaining car, and the Defendant driven the said car under the influence of alcohol on September 23, 2014, such as the above 01:05, and driven the road front of the C convenience point in Seoul Gwangjin-gu Seoul Special Metropolitan City, along the two-lane distance from the sex investigative distance to the flow distance.

At the time, vehicles are in operation at night and at the front, so in such cases, the driver has a duty of care to reduce the speed to those engaged in driving service and to ensure the movement of other vehicles in the front and rear, and to prevent the accident in advance.

Nevertheless, as seen above, the Defendant neglected to drive under normal influence due to drinking and proceeded along as it is, due to negligence, while driving in the same lane, and led the victim E (the aged 31) who stops in the same lane at the signal atmosphere, and shocked into the front part of the car driven by the Defendant.

Ultimately, the Defendant suffered from the injury of the victim G (V, 25 years of age) who was the passenger of the victimized vehicle due to the foregoing occupational negligence, for approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement of the occurrence status of each traffic accident in E and G preparation;

1. The actual condition survey report, the report on detection of a de facto driver, and the circumstantial statement of a de facto driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant provisions concerning facts constituting a crime o.

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