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(영문) 의정부지방법원 고양지원 2014.07.11 2014고단789

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On December 13, 2007, the Defendant was sentenced to imprisonment with prison labor for six months, suspension of execution of two years, and imprisonment with prison labor for the same crime at the Jung-gu District Court on April 9, 2009.

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 CM5 vehicle;

On March 19, 2014, the Defendant driven the above car at around 18:05, and operated the road of the 173-lane ahead of the Goyang-gu unification in order to the highest distance from the direction of the Goyang-gu.

At this point, the center line was installed on the right bend road, and in this case, the defendant engaged in driving a car has a duty of care to operate the car safely along the vehicle line without harming the center line by accurately manipulating the steering gear and the brake system.

Nevertheless, the Defendant, while under the influence of alcohol concentration of 0.131% under the influence of alcohol, was unable to drive the said car in a normal condition, caused the Defendant to suffer injury, such as cerebral le, etc., which requires medical treatment for about three weeks in consideration of the left-hand side of the Defendant’s vehicle, as the victim D(25 years old) driving, who erroneously operated the steering gear while driving the said car and was under the influence of the central line due to the negligent operation of steering the steering gear, and was in the right-hand side of the driver’s vehicle.

2. Around 18:00 on March 19, 2014, the Defendant driven CM5 vehicle while under the influence of alcohol content of about 0.131% from the section of about 500 meters of blood alcohol to the roads near 173-lane in the same day from the roads in the Goyang-dong, Yangyang-gu, Yangyang-gu, Yangyang-gu, Yangyang-si to the same unification.

3. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of CM5 car.

No passenger car which is not covered by mandatory insurance shall be operated on a road.

Nevertheless, the Defendant entered the date and time of the preceding paragraph.