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(영문) 서울중앙지방법원 2013.10.04 2013고단4399
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 becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 21:00 on May 5, 2013, the Defendant driven a Cone Star car under the influence of alcohol content of approximately 0.279% at the 1km section of around around the exit of the Seocho-gu Seoul, Seocho-gu, Seoul, from around 21:10 on the same day to the front road of the exit of the Seocho-gu, Seocho-gu, Seoul.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving C Costa Car.

On May 5, 2013, the Defendant driven the said car under the influence of alcohol as stated in Paragraph 1, at around 21:10, and continued to drive the said car at a speed of 60km per hour from the direction of the pressure-driven zone to the Seocho-gu Seoul Metropolitan Government at the speed of 86-3-lane.

At that time, the Defendant had a duty of care to observe the safety distance with the front vehicle by putting the front line on a person engaging in driving of a motor vehicle, and to prevent accidents in advance by driving speed control and direction manipulation, as the victim D (the age of 64) driven in the same direction.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol to the front right part of the car driven by the Defendant, where it was difficult for the Defendant to operate the steering time of the steering system and speed control system, or where it was difficult for him to perform the power according to his own intention. The Defendant was under the influence of the front right part of the car driven by the Defendant, with the rear left part of the taxi, which was normally driven on the front right part of the car driven by the Defendant.

As a result, the Defendant suffered injury to the victim D through occupational negligence as above, such as catum salt, which requires approximately three weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement on the occurrence of a D traffic accident;

1. The actual condition survey report;

1. A report on detection of a host driver;

1. The request for appraisal by the State and the competent authorities;

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