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(영문) 서울동부지방법원 2013.08.28 2013고단1542
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. Around 00:30 on June 21, 2013, the Defendant driven B 2 cargo vehicles at a section of approximately 500 meters from the 135-15-ro Seoul Songpa-gu 184-1 Olympic Park in Songpa-gu to the shooting distance, while under the influence of alcohol with a blood alcohol concentration of 0.25% on blood, around 00:30.

2. The Defendant, who is engaged in driving of the foregoing cargo vehicle (the death or injury caused by dangerous driving), was driving the said cargo vehicle while normal driving is difficult due to the influence of drinking, such as Paragraph (1) and was driving the said cargo vehicle according to the four-lanes of nine-lanes of the Olympic Park from the gate of peace to the shooting distance of the Olympic Park at the seat of peace.

In such cases, a person engaged in driving service has a duty of care to prevent accidents by accurately operating the steering gear and brake system and safely driving the vehicle in front and rear left, while keeping the traffic situation well.

Nevertheless, the Defendant neglected to perform the above duty of care in a situation where normal driving is difficult due to the above influence of drinking, and was negligent in driving at the front of the cargo of the Defendant, who was driven by the victim C(the age of 45) who was in the atmosphere of the signal at the bend in the bend of the bend of the cargo of the Defendant.

The Defendant, by negligence in the above occupational negligence, sustained injury to the victim C, such as fluoral salt in need of treatment for about two weeks, and injury to the victim E (the 34 years old), who was aboard the said taxi, such as fluoral salt, tension, etc. requiring treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

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

1. The actual condition survey report;

1. Statement statement and report on detection of a host driver;

1. Application of statutes to copies of each written diagnosis;

1. Criminal facts;

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