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(영문) 의정부지방법원 고양지원 2015.01.16 2014고단2544

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for not more than ten 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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person driving a B-learning passenger car

On October 22, 2014, the Defendant driven the said car in front of the 10-year Hansan-dong Village of Mangnsan-gu, Seoyang-si with a blood alcohol concentration of 0.284% while under the influence of alcohol around the 10-year city of Mangsan-si, and led the said car to the Hansan-gu Police Station from the side of Mangsan-si.

At the time, signals, etc. are installed at night and at the front door, so in such cases, there was a duty of care to reduce speed while being drunk to those engaged in driving service and to ensure the well-being of other vehicles in the signal lights and the front door, and to prevent accidents in advance.

Nevertheless, the Defendant, while under the influence of alcohol, was unable to drive in a normal condition while driving without neglecting to care well the front door, and received the back part of the DNA car driven by the victim C (WW) who is standing in accordance with the new subparagraph (B).

After all, the Defendant suffered injury to the victim C and his her son E (V, 23 years old) by occupational negligence as above, such as dump dump, etc. in need of approximately two weeks of treatment.

2. Around 22:00 on October 22, 2014, the Defendant driven a b bargaining car under the influence of alcohol content of about 0.284% from a section of approximately 200 meters from the roads near the Jeju Seog-gu Jeju Island to the roads in front of the 10 complex of the same river route.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident report, a traffic accident report, an accident site, and a vehicle photograph;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

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

1. The first part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) and Article 5-11 of the same Act concerning criminal facts.