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(영문) 의정부지방법원 고양지원 2014.10.07 2014고단1498
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

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 BS car.

On June 23, 2014, the Defendant driven the said car with a blood alcohol concentration of 0.224% 0.24% around 01:05, and driven the said car along the five-lanes in front of the diversative water recycling center in Gyeyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoul.

At the time, it was a night and a vehicle was a motor vehicle driving speed, so in such a case, the driver of the motor vehicle has a duty of care to look at the front and drive the motor vehicle in a sudden manner while maintaining the distance from the front and to prevent the traffic accident in advance.

Nevertheless, under the influence of alcohol, the Defendant neglected this and did not keep the front door well and did not keep the distance from the front vehicle, and found the Done Starex driver's car driving in front of the Defendant, and changed the lane rapidly to four lanes. However, the Defendant did not avoid the collision of the victim, but received the back part of the victim's passenger vehicle's left side in front of the victim's passenger vehicle.

Accordingly, the Defendant was injured by the victim C and the victim E (the 56-year old age), who was driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, by suffering from injury, such as the bones and tension of the bones for about three weeks, respectively.

2. Around 01:05 on June 23, 2014, the Defendant driven a bscen motor vehicle in the state of alcohol alcohol concentration of 0.224% while under the influence of alcohol at approximately five kilometers from the Do in front of the mutual influence point in Mapo-gu Seoul, Mapo-gu, Seoul to the front right of the Do in the Soyang-gu, Seoyang-gu, Seoyang-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident;

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