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(영문) 의정부지방법원 2013.12.20 2013고단3908

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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A defendant shall be punished by imprisonment for six 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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a driver of Bunst Motor Vehicle. On October 26, 2013, the Defendant driving the said motor vehicle under the influence of alcohol around 0.224% of alcohol level around 16:0 and driving the said motor vehicle in the direction of both 0.24% of alcohol level, and driving the one lane in front C in the two sides in the two sides of the city of Pocheon-si. As such, due to the influence of alcohol, the Defendant was negligent in the course of driving the motor vehicle while driving the motor vehicle while it is difficult to drive the motor vehicle normally due to the influence of alcohol, and continued driving the motor vehicle beyond the road, and sustained the victim D (the age of 52) who was working on the right side of the road, and suffered injury, such as chilled d (the age of 52) that requires the treatment of approximately two weeks.

2. The Defendant violated the Road Traffic Act (driving on a sound driving) driving of Bunst car under the influence of alcohol with a blood alcohol concentration of 0.224% from a 300-meter range from the Do in front of the Young Middle Middle School located in the two sides of the territorial middle school at the time and time specified in paragraph (1) to the front day of the accident site listed in paragraph (1).

3. The Defendant violated the Guarantee of Automobile Accident Compensation Act is a holder of Bunched Car. The Defendant operated the said rocketing car without mandatory insurance at approximately 300 meters from the front of the Young Middle School located in the Young Middle School at the time and time set forth in paragraph 1 to the front of C, which is the place of accident set forth in paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The circumstantial statement of the employee;

1. A traffic accident report;

1. The actual condition survey report;

1. On-site photographs;

1. Mandatory insurance policies;

1. A medical certificate (D);

1. Requests for appraisal;

1. Application of Acts and subordinate statutes to any inquiry about the control of drinking driving;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 1 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act concerning criminal facts, the Guarantee of Automobile Accident Compensation Act.