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(영문) 서울중앙지방법원 2015.08.26 2014고단8432
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 September 25, 2014, the Defendant was driving a C-tem motor vehicle under the influence of alcohol with a blood alcohol concentration of 0.124% from the 1km section from the 1km-dong, Gangnam-gu, Seoul to the street in the street in the Guro-gu, Seoul to the front road in the same Gu.

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 a car C.

On September 25, 2014, at around 23:55, the Defendant driven the said car while under the influence of alcohol and continued to drive the four-lane road in front of Gangnam-gu Seoul Metropolitan Government along the two-lanes from the long-distance flood of the bankruptcy park to the south of the scarcity.

Since there is a place where a signal, etc. is installed, there was a duty of care to confirm whether a person engaged in driving service has a way to reduce speed and to see the right and the right and the right well, and to drive safely in accordance with the new subparagraph.

Nevertheless, the Defendant neglected to drive the vehicle under the influence of alcohol as above and neglected to do so and neglected to change the vehicle progress signal to the stop signal, and due to the negligence of proceeding, the Defendant’s 49CC 2 driving on the right side from the left side of the vehicle to the right side of the Defendant’s 49CC 2 driving. The Defendant received the right side part of the two-wheeled vehicle driving by the victim D(58 years old).

Ultimately, the Defendant suffered injury to the above victim by negligence in the course of performing the above duties, such as cutting the bones of fingers, which requires approximately six weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident report;

1. The circumstantial statement of the employer-employed driver, and the written report of the employer-employed driver;

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, and Article 148-2 (2) of the Road Traffic Act concerning the crime.

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