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(영문) 의정부지방법원 2015.04.03 2014고단4214
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person engaged in driving a rocketing car in violation of the punishment rate on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving).

On October 11, 2014, the Defendant driving a B rocketing car at around 19:30, and proceeded with the road in front of the Soci-do Coina, 118-5, in two weeks, from the luminous side, to the south side.

그곳은 황색 실선의 중앙선이 있는 편도 1차로 ㅏ자형 삼거리 교차로이므로 자동차의 운전업무에 종사하는 사람에게는 전방을 주시하며 차로를 따라 안전하게 진행하는 한편, 음주의 영향으로 정상적인 조향 및 제동이 불가능한 상태에서는 운전을 하여서는 아니 될 업무상의 주의의무가 있다.

Nevertheless, the Defendant neglected this and went beyond the opposite lane by recognizing the road from the front side to the left turn because it is difficult to use the normal steering direction and brakes under the influence of alcohol level of 0.124% due to the influence of alcohol level by the Defendant, and the front part of the vehicle in front of the Defendant.

Ultimately, the Defendant suffered injury to the victim E (the 56-year-old passenger) who is the chief passenger of the car operation team, due to the above occupational negligence, for approximately three weeks of medical treatment.

2. Around 19:30 on October 11, 2014, the Defendant was driving B rocketing car in the state of alcohol alcohol concentration of approximately 0.124% from the 3km section from the parking lot behind the real estate of the national land, which is located in the luminous side at Yangju-si to the road in front of the Taeduk-gu Co., Ltd., in Yangju-si.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A report on detection of a host driver;

1. The actual survey report on traffic accidents;

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

1. The Act on the Aggravated Punishment, etc. of Specific Crimes committed under the relevant criminal facts.

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