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(영문) 의정부지방법원 2018.03.14 2017고단5232

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a vehicle B with a son.

On October 7, 2017, the Defendant driven the said car without a driver's license while under the influence of alcohol level of 0.176% from blood alcohol level around 05:30 on October 7, 2017, and led the Defendant to drive the said car along the two-lanes of the three-lane road from the jurisdiction of the government to the intersection of 1291, a 17-lane from the jurisdiction of the Council-si to the jurisdiction of the government.

At the time, there is a vehicle waiting to be signaled, and in such cases, the suspect engaged in driving service has a duty of care to prevent accidents in advance and safely drive the traffic situation of the front bank and the left bank.

Nevertheless, the defendant tried to see the back part of the victim C(65)'s DaM3 car which temporarily stopped for the signal waiting due to negligence while neglecting this, as the front part of the Defendant's vehicle.

As a result, the Defendant, by negligence in the course of driving a motor vehicle while driving it normally due to influence of alcohol, suffered from the victim E (the victim E (the 69 years old) who is the passenger of the damaged motor vehicle, climatic salt, etc. requiring approximately two weeks of medical treatment, climatic salt, etc. requiring approximately two-day medical treatment to the victim F (the 58 years old) who is the passenger of the damaged motor vehicle, and the victim G (the 72 years old) who is the passenger of the damaged motor vehicle requiring approximately two-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. On-site photographs and estimates;

1. The driver's license ledger;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (a point of causing bodily injury to a dangerous driving), Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (a point of drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the crime;

1. Trade name;