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(영문) 서울남부지방법원 2013.10.11 2013고단2717
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 13, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven a B-pon motor vehicle in the direction of high distance from the direction of the above A-pony elementary school in the direction of high distance from the direction of the above A-pony elementary school while under the influence of alcohol concentration of 0.173% on the roads in front of the new 7-dong Gagi elementary school in Yangcheon-gu Seoul Metropolitan Government.

It is a frequent road for vehicle traffic. In such a case, there was a duty of care to operate a vehicle by properly manipulating the brakes by making it possible for a person engaged in driving the vehicle to live well.

Nevertheless, under the influence of alcohol, the Defendant was negligent in not operating the brakes properly, and the Defendant was driven by the victim C (the age of 76) who was parked in order to have a signal in front of a motor vehicle driven by the Defendant, thereby getting the victim E (the age of 12) who was the front part of the motor vehicle of the Defendant and the passenger of the frighting motor vehicle with C.

After all, the Defendant driven the above vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury such as pleatitis that requires medical treatment for about two weeks to the above victim C, and the above victim E suffered injury, such as light fat, which requires medical treatment for about two weeks.

2. Around 16:00 on July 13, 2013, the Defendant driving a two-way motor vehicle under the influence of alcohol with a blood alcohol concentration of about 0.173% from the 5km section of approximately 5km up to the roads front of the Haak Elementary School located in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, through the Gu road located in 5-dong, Guro-gu, Seoul, via the Gu road located in 5-dong, Guro-gu, Guro-gu, Seoul, about 16:15 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Traffic accident report (1) (2) and report on personal identification and circumstantial statement of the driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Criminal facts;

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