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(영문) 의정부지방법원 2015.01.23 2014고단3784
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

On September 30, 2014, the Defendant driven a car with blood alcohol level of 0.105%, while under the influence of alcohol level of 0.105% on September 30, 2014, and continued to drive the car along the four-lane road in front of the intersection of the Jigi-dong located in both weeks, along the two-way police stations, along the two-way road along the sub-section of the sub-section.

At night, there was a duty of care to ensure that a person engaged in driving of a motor vehicle is obliged to thoroughly operate the steering gear and operating the steering gear in a correct manner.

Nevertheless, the Defendant was negligent in neglecting it, and the Defendant was driven by the victim D(the age of 43) driving while stopping for traffic at the front section of the car of the Defendant, and the part behind the victim's vehicle was driven by the Defendant as the front section of the car of the Defendant.

Ultimately, the Defendant suffered injury to the victim D, such as catitis that requires approximately two weeks of medical treatment from the above occupational negligence, and injury to the victim F, who is the passenger of the damaged vehicle, to whom approximately two weeks of medical treatment is required for the victim F (the 46 years of age).

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The actual survey report and the occurrence of traffic accidents;

1. A report on detection of the driver, a report on the circumstances of the driver, and a report on whether he/she will drive any danger;

1. Statement made to D by the police;

1. All on-site photographs;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

1. Relevant Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the crime, and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to a dangerous driving);

1. Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes shall be set forth in the Act on the Aggravated Punishment, etc. of Specific Crimes against Victims F with heavy crimes.

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