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(영문) 의정부지방법원 고양지원 2016.10.06 2016고단1837
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

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 rocketing car;

On July 6, 2016, the Defendant driven the said vehicle under the influence of alcohol of 0.140% with a blood alcohol concentration of 0.50% 0.140% on July 6, 2016, and driven the front of the D road located in Yongsan-dong C in Yongsan-gu, Busan Metropolitan City along the two-lanes from the middlewest-dong to the salarycheon-do.

At the time, since vehicles are driven slowly on the front side of the running direction of the defendant, the defendant engaged in driving of the motor vehicle has a duty of care to reduce the speed, to keep the front door well, and to drive the motor vehicle safely.

Nevertheless, the Defendant was negligent in driving at the front of the Defendant’s driving direction while he was unable to drive normally due to the influence of alcohol as above, and was negligent in driving at the front of the Defendant’s driving direction, following the FK5 car driven by the victim E (FK 58 years old) who was driven at the front of the Defendant’s driving direction.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about three weeks due to the above occupational negligence.

2. Around July 18:50 on July 6, 2016, the Defendant driven a B rocketing car with a blood alcohol content of about 0.140% at the section of approximately 1 km from the 1km to the front road located in the same Gu as the C, in order to ensure that the Defendant was under the influence of alcohol at approximately 0.140%.

Summary of Evidence

1. Defendant's legal statement;

1. E written statements (traffic accident situations);

1. A survey report on actual condition, a report on detection of a drinking driver, and a report on the circumstantial statement of a drinking driver;

1. On-site photographs;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (2) 2 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act (the point of sound driving) as to the punishment of the crime, and each decision of imprisonment with prison labor is made.

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