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(영문) 의정부지방법원 2013.08.22 2013고정1555

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine of 6 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On July 16, 2013, the Defendant was sentenced to imprisonment with prison labor for one year and six months and two years of suspended execution with prison labor for a violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) at the District Court of the Republic of Korea on July 16, 2013, and the said judgment became final and conclusive on

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a B car;

On August 4, 2012, at around 20:30, the Defendant driven the said car with a blood alcohol concentration of 0.212% and proceeded along the four-lanes from the side of the hospital to the home 2nd line from the city office building of the city government, thereby moving to the speed of about 30 km at the speed of about 30 km from the Incheon Middle School.

Since there is an intersection, a driver of a motor vehicle has a duty of care to ensure that the driver of a motor vehicle should operate the motor vehicle safely by properly examining the traffic flow, etc. of the motor vehicle on the right side, and shall not drive a motor vehicle in a situation where normal driving is difficult due to the influence of alcohol or drugs.

Nevertheless, the Defendant neglected this and was driven by C while under the influence of alcohol at a two-lane of the right-way direction due to the negligence of the Defendant’s neglect, and was driven by C, which was driven by C, a two-lane of the right-way direction.

Ultimately, the Defendant suffered injury to the victim E, a passenger of the said SM3 car, due to the foregoing occupational negligence, for approximately two weeks of medical treatment.

2. Around 20:20 on August 4, 2012, the Defendant driving a B car under the influence of alcohol content of approximately 100 meters from a 0.212% of alcohol content to the home-pock intersection, following the agricultural cooperative located in the Geum-dong of the Government-si, and then driving the B car with the B carren under the influence of alcohol content of about 100 meters from the 100-meter section to the home-pock intersection.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police with C 1.