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(영문) 의정부지방법원 고양지원 2013.08.14 2013고단454
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a B TraXG car;

On October 3, 2012, the Defendant driven the said car as his duties under the influence of alcohol of 0.183% of blood alcohol concentration on October 21, 2012, and driven the same car in the direction of the cancer center in the direction of the Yongsan-gu Office, Busan Metropolitan City.

Since the place has a crosswalk where signal lights are installed, the defendant engaged in the driving of motor vehicles had a duty of care to check whether there is a person who gets on the way to drive the motor vehicle by reducing speed and by properly examining the front left, and to safely proceed in accordance with the new code.

Nevertheless, the defendant neglected to proceed as it is while driving the vehicle without being negligent, and the victim C (the age of 27) who walked on the crosswalk from the right side of the vehicle to the left side according to the pedestrian signal was accepted as the front part of the vehicle.

After all, the defendant driving a motor vehicle in a state where normal driving is difficult due to the influence of drinking, resulting in injury to the victim, such as the left-hand slot part of the side spack in need of medical treatment for about six weeks.

2. The Defendant violated the Road Traffic Act (driving a sound driving) at the same time, the Defendant driven a B Twork XG car at a distance of about 10 km from approximately 0.183% of the blood alcohol concentration to the roads in front of the Goyang-dong, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-si, Seoul, under the influence of alcohol by around 0.183%.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. C’s statement;

1. A traffic accident report;

1. A report and circumstantial report on detection of a host driver;

1. Each photograph;

1. Application of Acts and subordinate statutes of a medical certificate;

1. The relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes

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