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(영문) 의정부지방법원 2013.05.03 2013고단483
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

The defendant is a person who is engaged in driving a motor vehicle in B.

On January 6, 2013, at around 01:30, the Defendant, under the influence of alcohol with a blood alcohol content of 0.122%, divided into two parallels. The Defendant, while driving the said vehicle on the inside of the inside of the inside while it is difficult to drive the said vehicle normally, such as with reding at the inside of the inside of the inside, led the Defendant to drive the said vehicle, and drive the four-lane road in front of the sampling in the Namdong-si, Yangdong-si, Yangyang-dong.

In such cases, a driver of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and has a duty of care to prevent accidents by safely driving the motor vehicle such as reporting the traffic situation well, accurately manipulating the steering gear, etc.

Nevertheless, the defendant has been negligent in driving so that he is under the influence of alcohol.

Before the signal signal, the CM7 car stops in the CM7 car, and due to the shock, the CM7 car was pushed down, and the F SM7 car of the victim E (W, 32 years old) who stops in the order of the signal prior to which the car was pushed down.

As a result, the Defendant suffered, by its occupational negligence, the injury to the victim G (31) who is the passenger of the above victim and the damaged vehicle, such as finite finite finite finite finite finite finite finite finite finite finite finite finite finite finite finite finite finite finite finite finite finite finite

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition of traffic accidents;

1. A report on detection of a host driver;

1. A written statement (C, E);

1. A medical certificate (E, G, H, I, and J);

1. Application of statutes on site photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, as to the crime committed under the corresponding Act;

1. Commercial concurrence;

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