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(영문) 의정부지방법원 2014.04.15 2014고단345

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

Criminal facts

The defendant is a person engaged in the operation of B windowatom car.

Around 21:30 on November 29, 2013, the Defendant: (a) was under the influence of alcohol with 0.139% alcohol concentration; (b) but it was difficult to drive the said car normally, such as 0.139%, by driving the said car at a 63-2-lane level; (c) while driving the said two-lane road at a 0-lane level from the inside and outside of the city, the said place is installed at the center line of the yellow light boat and the center separation cost; (d) while driving the said vehicle at a 0-day level, the Defendant was negligent in performing the duty of care to thoroughly operate the said vehicle with the upper left side of the said road; (e) while driving the said vehicle at a 1-day level, the victim’s 1-day treatment of the said vehicle at a 1-day level, such as 4-day bar from the front end of the said road; and (e) the victim’s 2-day treatment of the said vehicle at a 1-day level without any further contact with the victim’s necessary treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the proper launch of a drinking driver, a report on the results of the control of drinking driving, and a report on the situation of drinking driving;

1. Each written diagnosis (C, E, F, G);

1. Application of the Act and subordinate statutes to a survey report on actual condition, a field photograph and an accident vehicle photograph at the time of the accident;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime (the point of causing danger driving) and Article 148-2 (2) 2 of the Road Traffic Act (the point of driving).