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(영문) 서울서부지방법원 2015.01.20 2014고단3300
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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. On October 12, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was driving a BM5 vehicle at a speed above the direction of the Magaz in the direction of the Magaz, while under the influence of alcohol concentration of 0.176% in blood on the 66-side north-ro, Yongsan-gu Seoul, Yongsan-gu, Seoul.

In such cases, the driver of the vehicle has a duty of care to properly operate the brake system according to the surrounding traffic conditions while living well in front of the vehicle.

Nevertheless, the Defendant, while neglecting this, was negligent in driving a brealy while driving, was driven by the victim C(36 years of age) who stopped in accordance with the new heading in the front section due to the negligence of failure to properly operate the front and the operation of the operation of the operation system, and was driven by the victim C(36 years of age) with the front part of the said SM5 car.

As a result, the Defendant, while driving the said QM5 vehicle under the influence of drinking, suffered from the victim C, who was on board the said QM5 vehicle, the injury of knee part of the knee, etc., which requires approximately 4 weeks of medical treatment, for approximately 2 weeks of medical treatment to the victim E (the age of 34), for the victim E (the age of 34), for a about 2 week of medical treatment to the victim F (the age of 5), for a about 2 week of medical treatment to the victim F (the age of 5), respectively.

2. On the date and time set forth in paragraph (1) of this Article, the Defendant driven the said SM5 vehicle while under the influence of alcohol concentration of about 0.176% in the section of approximately 11.4km, which was around 66k in Yongsan-gu Seoul, Yongsan-gu, Seoul, Yongsan-gu, Seoul, in the direction of the 11.4km-ro.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. C’s statement;

1. Traffic accident report, actual condition survey report, report on detection of a drinking driver, and circumstantial statement of a drinking driver;

1. Each written diagnosis;

1. The application of Acts and subordinate statutes of report on internal accidents (the receipt of traffic accidents involving heavy driving).

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