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(영문) 의정부지방법원 2013.06.28 2013고단1179
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year 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 passenger car B.

On March 6, 2013, the Defendant driven the car above the 19:30 square meters, and led to a two-lane road in front of the 2067 unit 60 Haak-dong, Hocheon-si, Hacheon-si, to a speed of about 70 km per hour from the required mountain to the 60 km.

At the time, as the Defendant was under the influence of alcohol concentration of 0.268%, it was difficult for him to see the Jeonju, and it was difficult for him to carry out the operation timing of steering steering and brakes or the adjustment of its force as the Defendant intended.

In addition, the defendant had a duty of care to prevent accidents, such as making it possible for a person engaged in driving a motor vehicle to live well, securing safety distance, etc., before the same direction. In such a case, the defendant has a duty of care to prevent accidents, such as ensuring safety distance.

Nevertheless, as above, the Defendant was negligent in driving the Defendant’s car in the vicinity of the victim’s car while it is difficult for the Defendant to drive the car normally due to drinking, and due to the negligence of driving the car as is without speed, and thereby, received the part of the victim’s back part of the passenger car.

Therefore, the defendant suffered injury to the victim, such as the right-hand bed, the right-hand bed, which requires treatment for about two weeks.

2. Violation of the Road Traffic Act (driving) was driven by the Defendant under the influence of alcohol at a section of approximately 1.5km and above 0.268% alcohol concentration from the road in front of a mutually influent restaurant located in the upper spamamamamam-dong at the same time to the road before the 2067 unit in the same citynam-dong at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A medical certificate (C);

1. To make requests for appraisal, revolving alcohols;

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