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(영문) 의정부지방법원 2015.08.21 2015고단1271
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment 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

Punishment of the crime

Criminal power is a person who was sentenced to a fine of KRW 1,50,000 to a fine of KRW 1,50,000 for a violation of the Road Traffic Act at the Jung-gu District Court on March 21, 2007, and was sentenced to a fine of KRW 7 million for the same crime in the same court on July 19, 2012.

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 who is engaged in driving motor vehicles B.

At around 14:20 on March 2, 2015, the Defendant moved the front roads D in Yangju-si, both of which are located in C, from the dub river to the Taedsan Agricultural Cooperative.

There have been three-lane crossings, so in such cases, the driver of the vehicle has the duty of care to check whether there is a vehicle driven on the right side before seeing the front side and bypassing the front side and to proceed safely.

Nevertheless, the Defendant neglected to drive the vehicle under the influence of alcohol concentration of 0.228% while driving the vehicle in a state where normal driving is difficult due to the influence of alcohol concentration of 0.228%, and led the Francing of driving of the victim E (53 years old) who stops on the right side of the marin, and led the front part of the vehicle in front of the vehicle in TG car driving by the Defendant.

Accordingly, the Defendant suffered from the victim’s injury by negligence on the part of the second week left-hand side of the second week.

2. The Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) at the time set forth in paragraph (1) of this Article, driving the said low-est typ vehicle from the 4km section at a distance of about 0.28% from the sponal chip chip metal to D in C, both of which are under the influence of alcohol concentration of 0.228% without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The actual survey report on traffic accidents;

1. Report on the result of crackdown on drinking driving and on the circumstantial statement of a drinking driver;

1. A medical certificate;

1. The register of driver's licenses;

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