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(영문) 의정부지방법원 고양지원 2014.10.24 2014고단1575
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 C car;

On June 3, 2014, at around 23:39, the Defendant was under the influence of alcohol with 0.165% of blood alcohol concentration 0.165%, and the distance, which is installed with a signal apparatus in front of the morality moving in Goyang-gu, Busan Metropolitan City, was driven along one lane between the four-lanes in the direction of dialogue village.

A person engaged in driving of a motor vehicle shall not operate a motor vehicle in a state where normal driving is difficult due to influence of drinking, and he/she has a duty of care to prevent accidents by driving the motor vehicle safely in accordance with the signals of the front-hand signal apparatus.

Nevertheless, the Defendant neglected this and went to the right side of the Defendant’s car in front of the SM3 vehicle driven by SM3 driven by the victim D(SM3, 47 years old), which was driven by the direct driving signal from the front bank due to the negligence of left-hand turn to the front side of the virtue elementary school in a situation where normal driving is difficult due to influence of drinking.

The Defendant suffered from an injury to the victim, such as saved salt, tension, etc., for two weeks of medical treatment by occupational negligence.

2. The Defendant violated the Road Traffic Act (driving) driven the said car under the influence of alcohol by 0.165% at the time and place specified in the preceding paragraph.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused;

1. Each written statement prepared by the defendant and D;

1. The defendant asserts that the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Traffic Accidents, which is not a crime resulting from danger driving, is established since the accident in this case was not "a state where normal driving is difficult due to influence" at the time of the accident in this case.

However, the foregoing.

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