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(영문) 의정부지방법원 고양지원 2015.03.31 2014고단2603
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. 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 Bsch Rexroth car.

On October 23, 2014, the Defendant driven the said vehicle while under the influence of alcohol of 0.148% of blood alcohol level on October 23, 2014, and driven the two-lane road located at the center of Gyeyang-gu, Yangyang-gu, Yangyang-gu, Goyang-gu, with the one-lane of the said road, the Defendant driven the two-lane road at the speed from the bank of the Goyang Police Station to the lebbbs of the Jyang-gu.

At the same time, the signal apparatus and crosswalk are installed, and the vehicle front side of the defendant was driven by the victim C(the age of 35). In such a case, the defendant, who is engaged in driving, had a duty of care to live well before and after the vehicle and to safely proceed along the vehicle line.

Nevertheless, the Defendant, as seen above, was negligent in driving a motor vehicle in a state where normal driving is difficult due to the influence of alcohol while driving a motor vehicle, and neglecting the front-time, thereby resulting in the Defendant’s injury to the victim’s driver, who was in the front-time waiting of the motor vehicle, by taking the front-time driver of the motor vehicle and taking the rear driver of the motor vehicle, for about two weeks of medical treatment for the victim.

2. On August 21, 2007, the Defendant has a record of being sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (driving) at the Seoul Central District Court on August 21, 2007, and a fine of KRW 2 million for the same crime at the Sungnam Branch of Suwon District Court on November 7, 2008, respectively.

On October 23, 2014, at around 02:35, the Defendant driven Bsch Rexroth car under the influence of alcohol with approximately 0.148% of blood alcohol concentration on the section of about 3.2 kilometers from the street near the Roman-dong, Goyang-gu, Goyang-si to the roads near the above large-scale basin, around 02:55 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual condition survey report;

1. A report on detection of a host driver;

1. An investigation report (whether injured by the victim is injured).

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