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(영문) 의정부지방법원 고양지원 2013.09.11 2013고단758

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of a C Ecuaps car.

On April 5, 2013, the Defendant driven the said car under the influence of alcohol of 0.195% with a blood alcohol concentration of 0.195% on April 22, 2013, and led to the driving of the said car along two-lanes from the vicinity of the mountain village in front of the mountain village located in the Seoyang-gu, Busan Metropolitan City, Mangsan-do.

In such cases, there was a duty of care to prevent accidents by accurately operating steering the steering and brakes and properly controlling speed for those engaged in driving vehicles.

Nevertheless, when a vehicle stop signal is changed to a departure signal due to such influence of alcohol as above, the Defendant took an excessive course of the speed of the above Accus vehicle in the event that it is difficult for the Defendant to drive the vehicle to a departure signal, and brought the victim D (W, 46 years old) who was at the front of the same lane, to the front end of the said Eccus vehicle, and brought the victim F (F, South, 28 years old) who was at the front of the said Accus vehicle, and brought the latter end of the Gccus vehicle driven by the victim F (F, South, 28 years old) who was at the front of the said Accus vehicle.

In conclusion, the Defendant suffered, by such occupational negligence, injury to the victim D, such as catitis, tensions, etc. requiring treatment for about two weeks, injury to the victim F, such as catum salt, tensions, etc. requiring treatment for about two weeks, and injury to the victim H (30 years old, female, etc.) who was taking advantage of the said leisure vehicle for about three weeks, such as catum salt, tensions, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each statement of D and F;

1. A traffic accident report;

1. A report on detection of the driver and a circumstantial statement of the driver;

1. Accident site and vehicle photographs;

1. Application of each written diagnosis and written estimate under Acts and subordinate statutes;

1. The relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes