(영문) 의정부지방법원 2013.11.15 2013고단3117

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(영문) 의정부지방법원 2013.11.15 2013고단3117

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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A defendant shall be punished by imprisonment for not less than eight 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

The Defendant is a person who is engaged in driving freight B and B.

At around 16:50 on July 29, 2013, the Defendant was under the influence of alcohol of 0.350% of blood alcohol concentration, and the Defendant was proceeding at a speed of about 30 kilometers in speed from the horizontal distance of Dongwon-gun, Dongwon-gun, Dongwon-gun, Gangwon-do toward the road in front of the earth and sand located in the Egrari, Dongwon-gun, Dongwon-gun, Dongwon-do.

In this case, the driver of the vehicle shall not drive the vehicle while normal driving is difficult due to the influence of drinking, and the driver of the vehicle has a duty of care to prevent the accident in advance by accurately manipulating the steering gear, brake system, etc. of the vehicle.

Nevertheless, the defendant neglected this and found the victim C (69 years of age) who passed the road on the right side from the left side of the running direction of the defendant's vehicle running in a drunken manner while under the influence of alcohol as seen above, and immediately operated the road. However, due to the speed being pushed down, the part on the right side of the front wheelchairs of the defendant's vehicle was left by the front part of the driver of the vehicle.

Ultimately, while driving the said vehicle in a state where normal driving is difficult due to the influence of alcohol, the Defendant suffered from an injury to the victim of the shock frame, which requires approximately 10 weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report;

1. On-site photographs;

1. A report on detection of a host driver;

1. Making a report on the control of drinking driving;

1. A medical certificate (C);

1. Investigation report (Analysis ofCCTV image data and confirmation of whether a crosswalk exists in the accident place) and the application of statutes;

1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment.

참조조문

-특정범죄 가중처벌 등에 관한 법률

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