beta
(영문) 의정부지방법원 고양지원 2014.11.13 2014고단1354

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Criminal facts

On July 20, 2012, the Defendant was sentenced to four months of imprisonment for an injury at the Seoul Southern District Court, and completed the execution of the sentence on November 29, 2012.

1. The Defendant of the 2014 Highest 1354 case is a person who is engaged in driving of a CAD car.

On May 28, 2014, the Defendant was under the influence of alcohol of 07:50 and blood alcohol concentration of 0.122%, and the Defendant was under the influence of alcohol of 0.12%, and was under the influence of driving the said vehicle, and was under the influence of driving the said vehicle in the direction of the parallel direction in the direction of the direction of the class.

In such cases, the driver of a motor vehicle has a duty of care to safely drive the motor vehicle in accordance with the traffic signals while keeping the front left well.

Nevertheless, as seen above, the Defendant was negligent by the negligence, even though he was in a direct drive signal under the influence of alcohol, and was driven by the victim D ( South, 55 years old) who was in a direct position pursuant to the new subparagraph from the opposite direction, and received the left front part of the new EEFba car from the opposite direction, to the right side of the Afadi vehicle.

As a result, the Defendant suffered from the victim’s occupational negligence, “a fluor’s salt, tension, etc.,” which requires approximately two weeks of treatment.

2. On June 3, 2014, the Defendant, around 08:43, was arrested as a flagrant offender on the grounds that there are reasonable grounds to recognize that he/she driven a motor vehicle in the front side of the “G kindergarten” in Gyeyang-gu, Seoyang-gu, Seoyang-gu, Seoul, while driving a motor vehicle in the direction of the “G kindergarten,” which is located in the “G kindergarten,” in Goyang-gu, Seoyang-gu, Seoyang-gu, and caused a traffic accident, and that he/she driven a motor vehicle by drinking, such as

In addition, on June 3, 2014, from around 09:13 to 09:34, the Defendant was requested to take a drinking test at intervals of 10 to 11 minutes from K in the region of the Goyang-gu Goyang Police Station in Goyang-gu Seoul Metropolitan City. However, the Defendant refused to take a drinking test without justifiable grounds.

Summary of Evidence

1. Written D Statements of the Defendant’s legal statement in the case of 2014 high-ranking 1354, the written diagnosis of the driver, the driver, and the applicant;

2. 2014 Highest 1495 Case