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(영문) 광주지방법원 2015.11.26 2015고단3845
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

1. Around July 7, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was driven by the victim D (the age of 59) who followed the central line while driving the E rocketing taxi and driven by the driver of the vehicle while driving the vehicle in the condition of under the influence of alcohol concentration on the two-lane road in front of the Seongdong-gu Seoul Seongdong-gu Seoul Metropolitan Government 240-2 Modong-dong 240-2, the front part of the Gyststetna taxi driven by the victim F (the age of 58) who followed the central line, while driving the vehicle in the direction of the vehicle.

As a result, the Defendant driven a motor vehicle under the influence of alcohol, and caused the victim D to suffer injury, such as salt, tension, etc., of the climatic tension, which requires medical treatment for about three weeks; the victim F to suffer injury to the victim F, such as salt, tension, etc., which requires medical treatment for about two weeks; and the victim H(H(47 years of age), who is the passenger of G Lasta-si, suffered injury to the victim H, such as a non-freshing so that medical treatment for about two weeks is needed.

2. On July 7, 2015, the Defendant violated the Road Traffic Act (refluence of the measurement) and there are reasonable grounds to recognize that he was driving under the influence of alcohol at the Seoul Sungdong Police Station located in Seongdong-gu Seoul Seongdong-gu Seoul Metropolitan Police Station, such as heavy snow snow, pedestrians' age is influence, snow and smelling, and smelling, etc., and even if he was required to take a drinking test from a slope I who investigated the traffic accident under the above 1., he did not comply with the measurement on three occasions without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Written statements of D;

1. Application of Acts and subordinate statutes to the actual condition survey report, photographs, the circumstantial statement of a host driver, each medical certificate, and investigation report (Submission of a slope I's written statement);

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime committed under the corresponding provisions of the Act.

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