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(영문) 서울북부지방법원 2014.02.20 2013고단3294
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

The defendant is a person who is engaged in driving a BM5 car.

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was committed on November 15, 2013 by the Defendant, while driving the said vehicle in a condition that normal driving is difficult due to drinking at around 06:49, while driving the said vehicle at the same time and driving the same lane from the middle intersection of the Seoul Jung-gu, Jung-gu, Seoul to the middle intersection at an irregular speed depending on the one-lane between the three-lanes.

In such cases, when it is likely to obstruct normal traffic of other vehicles running in the direction to change, the course shall not be changed, and there was a duty of care to safely change the lane and prevent accidents due to the safe change of the lane by operating the direction, etc. in advance, giving notice of change of course, and keeping the traffic situation well.

Nevertheless, under the influence of alcohol, the Defendant suffered injury to the victim, such as chills, tensions, etc., which require approximately three weeks of treatment on the left-hand panion of the D Mteti truck driven by the victim C (year 44) who was driving a two-lane of the above vehicle due to negligence in the course of business.

2. While the Defendant was under the influence of alcohol with 0.102% of blood alcohol concentration at a temporary border such as paragraph (1) of this Article, the Defendant driven the above 5km section from the Dongdaemun-gu Seoul Dongdaemun-gu to the front line of 330-31, the Jung-gu, the Jungdong-gu, Seoul, the Jungdong-dong 330-31.

Summary of Evidence

1. Defendant's legal statement;

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

1. A report on traffic accidents and a report on actual condition;

1. Statement of the status of the driver;

1. A written report filed with an employer;

1. A medical certificate;

1. Application of each statute on photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of injury caused by dangerous driving) concerning the crime, Article 148-2 (2) 2 and Article 44 of the Road Traffic Act.

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