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(영문) 의정부지방법원 고양지원 2015.06.19 2015고단891
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

On July 31, 2006, the Defendant issued a summary order of KRW 1 million for the crime of violating the Road Traffic Act (driving) at the Goyang Branch of the District Court, and a summary order of KRW 1 million for the same crime at the same court on July 18, 2007, respectively.

The defendant is a person who is engaged in driving a B-learning car.

1. Around 07:00 on March 24, 2015, the Defendant driven a B-learning car under the influence of alcohol with approximately 1.25m alcohol concentration of about 0.163% at the section of about 1.25m from the apartment parking lot for the village in the Seongbuk-gu Seongbuk-gu Seongbuk-gu, Seongbuk-gu to the road located in the same day from the apartment parking lot for the village in the Seongdong-gu, Seongbuk-gu to the roads located in 07:10 on the same day.

2. On March 24, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven a motor vehicle of the above frighting on March 24, 2015, and led to the progress of the road located in the 578-11, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Goyangyang-gu, to the protection of shareholders

Since there is a signal apparatus installed, the defendant engaged in driving of the motor vehicle has a duty of care to proceed in accordance with good faith.

Nevertheless, while the Defendant was negligent in performing the above duty of care in a state where normal driving is difficult due to influence of drinking, the Defendant was placed in front of the Defendant’s driver’s car in front of the victim C(62 years old) who was waiting in the signal signal at the front of the Defendant while driving in the red signal.

Ultimately, the Defendant suffered injury to the victim, such as fluoral salt, for about three weeks of medical treatment due to occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report, an inspection report on detection of a drinking driver, a circumstantial report on a drinking driver, a medical certificate, and an investigation report (report on the confirmation of distance);

1. An accident site photograph;

1. Criminal history records, inquiry reports, and investigation reports (verification reports on the records of sound driving) Acts and subordinate statutes;

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