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(영문) 서울중앙지방법원 2015.01.30 2014고단9934
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. Around 02:05 on December 2, 2014, the Defendant was driving a DNA low-income vehicle under the influence of alcohol content of about 0.174% at the section of approximately 3km in the front of the home of the Defendant’s house located in Dongjak-gu Seoul Metropolitan Government to the home-plug store located in Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaged in driving a Dchip motor vehicle;

On December 2, 2014, the Defendant driven the above car around 02:05 minutes, and led the Seocho-gu Seoul Seocho-gu Seoul Home Stacker road to the front of the Home Stacker, Seoul, at a speed of 60 km per hour from the long-distance flood of the shooting road to the south-do gate.

It is an intersection where signal lights are installed, and in the same direction the driver of the motor vehicle is followed by the Fststy taxi in the victim E(55) drive. In such a case, the driver of the motor vehicle has a duty of care to ensure that the driver of the motor vehicle has a duty of care to avoid accidents, such as securing a safe distance to avoid the situation of the motor vehicle in which the driver of the motor vehicle stops in accordance with the signals, and accurately operating the steering and brakes.

Nevertheless, the Defendant neglected this and went slowly to drive under the influence of alcohol while driving in a state where normal driving is impossible due to the influence of alcohol, and the part of the victim's back-of-the-counter taxi driver who stopped due to the prior stop signal was shot to the part of the Defendant's front-of-car driver.

As a result, the Defendant suffered the victim’s side of the lower-lying land, which requires approximately three weeks of treatment, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. The actual condition survey report;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment.

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