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(영문) 서울중앙지방법원 2015.01.16 2014고단9029
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 11:35 on June 19, 2014, the Defendant was under the influence of alcohol level of 0.189% on blood alcohol level, and the Defendant driven C Ecoos car at a level of 600 meters from the street in the vicinity of the station of Gangnam-gu, Seoul, Seoul, to the front street in front of B at the same time.

2. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was committed on June 19, 2014 by the Defendant driving the said car and driving it on the street in front of Gangnam-gu Seoul, Seoul, to park in the neighboring street parking lot while driving it on the Doldong community service center from the river basin of the river basin.

At the time, there was a pedestrian in the vicinity of the street parking lot, so in such a case, the driver of the vehicle has a duty of care to prevent accidents by taking account of the front side and left side and left side, and driving safely. The Defendant was under the influence of alcohol level 0.189%, and the Defendant was under the influence of alcohol level 0.189%, and the walk was divided, and the walking was not normal, and the blood color was difficult to drive normally under the influence of alcohol, and thus, the vehicle was not driven.

Nevertheless, under the influence of alcohol, the Defendant failed to discover the victim D who was walking along the road due to negligence while neglecting the front-way in a state where normal driving is difficult, and the part of the Defendant’s front-way part of the bridge was shocked by the victim.

As a result, the Defendant driven a car in a state where normal driving is difficult due to alcohol and caused the victim to suffer injury, such as tension, salt, etc., which requires two-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. E statements;

1. The actual condition survey report;

1. The circumstantial statement statement report and the inquiry request for appraisal of an employee;

1. Photographs;

1. A medical certificate;

1. Each report on internal investigation (the sequence 14, 15, 16, 22 of the evidence list);

1. Application of Acts and subordinate statutes to a report on investigation (verification of payment of damages);

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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