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(영문) 의정부지방법원 고양지원 2017.11.10 2016고단3357
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 20, 2013, the Defendant was sentenced to a fine of KRW 3 million due to a violation of road traffic law in Seoul Southern District Court on December 20, 2013 and two times the records of the same crime.

1. On August 26, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) driving a B rocketing car under the influence of alcohol concentration of 0.206% from blood around 16:45 on August 26, 2016, and driving the B rocketing car into five lanes from the 5-lane of the 5-lane of Seoyang-gu, Seoyang-gu to the Seoul bank.

In such cases, a person engaged in driving service has a duty of care to ensure the safety distance with the vehicle in front and to safely operate the steering direction and brake system of the vehicle in front and the right and the right and the right of the vehicle in front and prevent the accident.

Nevertheless, the Defendant neglected this and neglected and proceeded as it is, due to negligence, neglected to stop in the front line, and neglected to stop in the same direction as the vehicle at the same time, received the back part of the victim C(52) driving in the same direction as the sports cargo vehicle in front of the said vehicle.

Ultimately, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to the above influence of drinking, and suffered injury, such as light and fluoral salt, which requires two weeks medical treatment, to the victim.

2. On August 26, 2016, the Defendant was under the influence of alcohol concentration of 0.206% during blood without a vehicle driver’s license from the F Company’s parking lot located in Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-si to the freedom of driving at the same speed from August 16, 2016 to August 16:45 of the same day, and the Defendant was under the influence of alcohol concentration of 0.206% during blood without a vehicle’s license.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. A survey report on actual conditions;

1. Report on detection of drivers and the driver's license register;

1. Application of Acts and subordinate statutes of a medical certificate;

1. The Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the pertinent Article of the Act.

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