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(영문) 의정부지방법원 고양지원 2015.05.07 2014고단2444
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

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. Around 02:20 on September 27, 2014, the Defendant driven C Hamna car (EF) with a blood alcohol concentration of about 0.38% in the section of about 4km from the road of about 0.38% under the influence of alcohol level to the top of the matho-distance in the Ilyang-dong, U.S., Manlyang-si, Goyang-si, Goyang-si.

2. The defendant is a person engaged in driving a motor vehicle as stated in the preceding paragraph of the Act on the Aggravated Punishment, etc. of Specific Crimes;

On September 27, 2014, the Defendant driven the said car under the influence of alcohol as indicated in the preceding paragraph at around 02:20 on September 27, 201, and proceeded ahead of the matho-distance in the Sungsan-dong, Seoyang-gu, Sungyang-si along the fri-si distance from the Sungsan-si.

However, at the time, the defendant was followed by the Esch Rexroth (ES) driven by the victim D(49 years old) prior to the same direction, so in such a case, the driver of the motor vehicle had a duty of care to safely drive the motor vehicle, such as taking a well-known situation of the preceding vehicle, securing safety distance, and driving the motor vehicle.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in driving in the vicinity of the vehicle while being unable to drive normally and due to the negligence of driving in the vicinity of the vehicle, and received the back portion of the victim who was stopped in order to maintain the atmosphere of the signal.

Ultimately, the Defendant caused the victim to suffer bodily injury, such as fluoral salt, which requires approximately two weeks of medical treatment by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement on the occurrence of traffic accidents under DNA preparation;

1. Application of Acts and subordinate statutes, such as a report on detection of a host driver, a circumstantial report on a host driver, each photograph, a fact-finding report, and a medical certificate;

1. The specific crime under Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act (the point of drinking) regarding the crime and the specific crime.

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