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(영문) 서울북부지방법원 2013.12.19 2013고단2562
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

The Defendant is a person who is engaged in the duties of driving Cone Star Co., Ltd.

At around 19:00 on October 6, 2013, the Defendant driven the front maart from the Changdong-dong 10-1 of Dobong-gu Seoul, Seoul, to the Changdong-dong, while under the influence of alcohol level of 0.178%.

At the time, there is a duty of care to prevent accidents by properly manipulating the steering direction and the steering system of the motor vehicle, because it is an intersection where the traffic of vehicles is installed at night and there is a lot of signals.

Nevertheless, the defendant neglected this and failed to properly operate the steering and steering devices under the influence of alcohol as above, and due to the negligence that the defendant did not properly operate the steering and steering devices, he was driven by the victim D(the age of 49) who was standing in the signal air from the front section of the direction that the defendant was running.

As a result, the Defendant driven the said van while it is difficult to drive under normal conditions due to influence of drinking such as the influence of alcohol by driving the said van, such as a walking horse, a string-distance, walking walking, and a heavy shocking, and suffered injury to the victim F (F) who was on board the said rocketing car for about two weeks in need of medical treatment, such as dynasium and tensions of the bones of the vertlle requiring approximately two weeks of medical treatment, and suffered injury such as dynasium and tensions of the verte that require approximately two weeks of medical treatment to the victim G (V0) who was on board the same vehicle for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of each traffic accident of D, G and F;

1. Statement of the status of the driver;

1. On-site photographs;

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

1. The injury resulting from dangerous driving as provided for in Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime;

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