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(영문) 의정부지방법원 2014.08.07 2014고단1875

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 of the final judgment.

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) and the Defendant in violation of the Road Traffic Act are the drivers of C Pops, and on May 4, 2014, the operation of the above Pops while under the influence of alcohol 0.181% in blood alcohol level around 18:15 on May 4, 2014, in the case of Gyeong-gun in Gyeonggi-do, the operation of the above Pops in front of the house was in the direction of the

There are no signal signal, so in this case, the driver of the motor vehicle has a duty of care to reduce the speed and properly operate the steering and steering system for the driver of the motor vehicle.

However, the Defendant neglected to perform the above duty of care and was able to walk without drinking and walk properly at the entrance, swelve, with the face while drinking so that it is difficult for the Defendant to drive in a normal manner due to drinking and drinking, and was driven by the victim D (the 54 years old) who is driving in the direction of the new direction from the direction of the road at the front of the Defendant’s cargo vehicle.

At the same time, the Defendant suffered from the victim F(55 years of age) who was accompanied by the damaged vehicle for about 9 days in need of medical treatment due to the foregoing occupational negligence, and at the same time destroyed the damaged vehicle by 1,679,708 won for repair costs, such as the exchange of even parts, after which the damaged vehicle was damaged.

2. The Defendant violated the Road Traffic Act (driving) and the Guarantee of Automobile Accident Compensation Act, as the owner of C Poter Cargo Vehicles who did not purchase mandatory insurance, and, if he gambed in Gyeonggi-do under the influence of alcohol concentration of 0.181% at the same time, he operated the said cargo at the section of approximately 800 meters from the front of the house in front of the house before the house, if he gambed in Gyeonggi-do under the influence of alcohol concentration of 0.181% at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Exemplary drivers;