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(영문) 의정부지방법원 고양지원 2012.10.24 2012고합309

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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A defendant shall be punished by imprisonment for not more than ten 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 July 23:13, 2012, the Defendant: (a) driven a C-coo vehicle while under the influence of alcohol with a blood alcohol concentration of about 0.379% at a section of about 300 meters from the front side of the B-coodong-dong Pungdong-dong, Manyang-si to the expiration distance of about 300 meters from the end of the B-coodong-dong, Manyang-si.

2. 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 C Ecuas car

On July 9, 2012, the Defendant driven the said car under the influence of alcohol of 0.379% with a blood alcohol concentration of 0.379% on July 23:13, 2012, and driven the road of three-lane distance of the nine-lane distance of the meals of Yongsan-gu, Busan Metropolitan City, Manyang-si, with a single-lane from the spong-dong room of the windic acid.

Since there is an intersection where the color signal, etc. is installed, there was a duty of care to prevent accidents in accordance with the signals and directions displayed by traffic safety facilities.

Nevertheless, even though the Defendant neglected to do so under the influence of alcohol and the front signal was changed to red, the Defendant was negligent in entering the intersection as it was, and as it was caused by the victim D (the age of 56) who is proceeding on the left side from the right side of the vehicle driving in the direction of the Defendant’s proceeding, and received the front part of the vehicle driving by the Defendant.

As above, the Defendant, while driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, suffered from the injury of the victim D, such as a cage cage cage cage, etc. which requires multiple medical treatment for about four weeks, and the injury of head, such as the damage of head, which requires approximately three weeks of medical treatment to the victim F who is a bus passenger (the age of 17).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the D traffic accident situation, and F’s statement;

1. A traffic accident report, a report on detection of a motor vehicle driver (blood collection result), a circumstantial report on the motor vehicle driver, and a criminal investigation report (the screen of the motor vehicle accident screen to take visual images);

1. Response to the request for appraisal;

1.Each.