(영문) 의정부지방법원 고양지원 2015.10.27 2015고단2133

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(영문) 의정부지방법원 고양지원 2015.10.27 2015고단2133

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment with prison labor 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

1. From May 23, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven the Ebal clubs in front of the Ebal clubs in Goyang-dong, Manyang-si, Goyang-si, with a blood alcohol concentration of 0.238%.

Since there is a place where a sidewalk for pedestrian traffic has been installed, a person engaged in driving service has a duty of care to refrain from operating by a sidewalk.

Nevertheless, under the influence of liquor, the Defendant was negligent in driving the sidewalk on the right side of the road, and the part of the body part of the victim H(58 years old) of the victim H, who continued to be on the right side of the said victim, was placed in front of the said passenger car in front of the said passenger car in order to build the crosswalk from the sidewalk near the said Ena club to the Ansan Park.

Ultimately, the Defendant driving the said van while it is difficult to drive it normally due to the influence of alcohol, and suffered injury to the body part of the body part of the body part of the victim G, which requires approximately 6 weeks of medical treatment. At the same time, the Defendant suffered injury to the said victim H, such as the body part of the body part of the body part, which requires approximately 12 weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (driving) at a time under Paragraph 1, driven the above van while under the influence of alcohol with a blood alcohol concentration of 0.238% at the section of approximately 2 km from the front of the “nive line frequency” at the port of Il-dong, Yongsan-gu to the place of Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. The actual investigation report on traffic accidents;

1. A report on the detection of a host driver;

1. The circumstantial report of the driver of the brewing ship;

1. Each investigation report (the statement of a shote and the confirmation of bus booms);

1. A medical certificate of G;

1. Each medical certificate and additional medical certificate for H;

1. 1,000.

참조조문

-도로교통법

-특정범죄 가중처벌 등에 관한 법률

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