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(영문) 의정부지방법원 고양지원 2016.05.20 2016고단735

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 28, 2008, the Defendant received a summary order of a fine of three million won for a crime of violating the Road Traffic Act at the Seoul Central District Court on July 28, 2008, and on October 26, 201, the same court has the record of receiving a summary order of a fine of four million won for a crime of violating the Road Traffic Act.

1. On March 10, 2016, the Defendant was under the influence of alcohol leveling 0.231% in a section of approximately 1m of blood alcohol level in front of the “E main store located in Seo-gu, Seo-gu, U.S., U.S., Seo-gu” at a high speed of 00:10 on March 10, 2016.

2. On October 10, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) was driving the said Lone Star under the influence of alcohol on the street before the “E main store” as stated in the above paragraph (1).

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering direction and brakes, and to prevent accidents.

Nevertheless, under the foregoing, the Defendant was negligent and negligent in neglecting to do so, and the Defendant Company received the Defendant Company G G (34 tax) from the victim G (34 tax) who was behind the Defendant Company’s replacement as the rear part of the Plaintiff’s car.

Ultimately, the Defendant, as seen above, was driving the said Lone Star Co., Ltd in a situation where normal driving is difficult due to influence of drinking, and the Defendant suffered injury, such as “the right-hand side of the salt control,” which requires approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Reports on traffic accidents, and notification of the results of regulating drinking driving;

1. A medical certificate;

1. On-site photographs;

1. Previous convictions: Application of second-class Acts and subordinate statutes to inquiries about criminal history and summary order;

1. Article 148-2 of the Road Traffic Act and Articles 148-2(1)1 and 44(1) of the Act on the Aggravated Punishment, etc. for Specific Crimes are applicable to the crime.