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(영문) 의정부지방법원 2014.01.24 2013고단3436

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for six 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

The Defendant is a person who is engaged in driving a string and freight vehicle B.

On September 7, 2013, the Defendant driven the above cargo while under the influence of 0.203% of blood alcohol level on September 20, 2013, and led the Defendant to proceed to Guriri from the side of the Government at a speed of about 20-30 km per hour at a speed of about 11 km in front of the 11-lane East East-si, the west-gu Seoul nonexclusive Highway, Nonamambrater.

In such cases, drivers shall accurately operate the steering system, brakes and other devices of the vehicle, and shall not drive the vehicle at such speed or in such a manner as to inflict any danger and injury on others according to the traffic conditions of the road and the structure and performance of the vehicle, and have the duty of care to report well before and after the vehicle and prevent the accident by driving it.

Nevertheless, the Defendant neglected to perform his duty at the front time while driving normally due to the influence of alcohol as above, and due to the negligence of driving the vehicle as it is while driving, the Defendant was able to drive the vehicle in front of the driving direction of the victim C(64 years old) after driving the vehicle at the front of the foregoing cargo vehicle.

Ultimately, the Defendant suffered injury to the victim C, such as light fluoral salt, which requires approximately two weeks of medical treatment by occupational negligence, and injury to the victim E (the victim E (the 62 years old) and the victim F (the 37 years old) who was on board the fluoral in need of medical treatment for about two weeks, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C, F, and E;

1. The actual condition survey report;

1. A photograph of each vehicle involved in an accident;

1. The circumstantial statement of the employee;

1. A medical certificate (C, E, F);

1. A report on whether to drive any dangerous motor vehicle;

1. Making a report on the control of drinking driving;

1. Application of Acts and subordinate statutes on investigation reporting;

1. The provision of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime in the corresponding law, and the provision of Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act.