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(영문) 의정부지방법원 고양지원 2016.06.17 2015고단3666

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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A defendant shall be punished by imprisonment for one year.

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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or injury caused before the risk) is a person who is engaged in driving a rocketing car.

On October 23, 2015, the Defendant driven the said vehicle under the influence of alcohol level of 0.225% from blood alcohol level around 05:00, while driving the said vehicle, and driving the vehicle at a speed of 0.25% from the direction of the string distance (three-way) on the side of the string distance, along the two-lanes at the entrance of the high-sea logistics container, at the altitude of 497, the two-lanes.

In such cases, drivers of motor vehicles have a duty of care to operate safely by accurately operating the steering gear while looking at the steering side in a clear mind at all times.

Nevertheless, in a situation where normal driving is difficult due to the influence of alcohol, the steering gear is not operated as intended by the driver, due to negligence that the steering gear was not operated by the driver, and the part of the E-Washing of D Driving which was attempted to start after collecting garbage from the bee bee bee bee bee bee bee bee bee bee bee bee bee bee bee bee bee bee beg bee bee be

After all, the Defendant suffered, from the above occupational negligence, the victim F, who was on board a cleaning vehicle, the injury such as the cutting of open aggregates and other annual organizations, which is not required to receive approximately 8 weeks of medical treatment, and the victim G suffered from the injury, such as knee and knee fele fele fele fele felging, etc. which requires approximately 7 weeks of medical treatment.

2. Defendant 1 driven the above rocketing-top vehicle under the influence of alcohol concentration of about 0.225% in the section of the 8km of the blood alcohol level in the front of the so-called Seoul Metropolitan City Mansan-dong from the street in front of the Manyang-gu Manyang-gu Manyang-ro, Goyang-si, Goyang-si to the front of the high-sea logistics container.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A traffic accident report, a response to a request for appraisal, a report on the detection of a primary driver;

1. Each letter of diagnosis;