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(영문) 의정부지방법원 고양지원 2015.10.27 2015고단2138

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. From July 17, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven B cruise car while under the influence of alcohol at an intersection of the private distance, at the entrance of the mouth of the Sonsan-dong, Mangsan-dong, Mangsan-dong, Goyang-si, under the influence of alcohol concentration of 0.146%.

Since there is an intersection, a person engaged in driving service has a duty of care to take into account whether there is a vehicle that enters another direction by reducing speed before entering the intersection and by properly examining the left and right of the road.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim C(50 years of age) who was driven by the Defendant at the left-hand side of the running direction of the said car, due to the negligence of entering the intersection in violation of the signal, and was driven by the Defendant, as the front part of the DK5 taxi operated by the Defendant.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to influence of drinking, and suffered injury, such as fluoral salt, which requires treatment for about three weeks, to the victim.

2. The Defendant violated the Road Traffic Act (driving) at a time set forth in paragraph 1, driven the said vehicle while under the influence of alcohol at about 0.146% of the blood alcohol concentration, from the front of the city in the Yellow-gu Seoul Metropolitan City to the place set forth in paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual survey report on traffic accidents;

1. A report on the detection of a host driver;

1. Statement under the circumstances of the driver of the drinking spring;

1. A medical certificate;

1. Application of the photographic Acts and subordinate statutes;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;