(영문) 의정부지방법원 고양지원 2016.02.19 2015고단3608

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(영문) 의정부지방법원 고양지원 2016.02.19 2015고단3608

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in WW125 U.S. driving service.

On August 18, 2015, under the influence of alcohol level of 0.175% among the blood transfusion around 01:48, the Defendant driven the above Oralb, and driven the front road in front of the Sejong High School of the Pungwon-dong, Busan Metropolitan City, Manyang-si, and proceeded along the two-lanes from the direction of the forest village to the East National Hospital.

At night, there was a duty of care to prevent accidents by reducing speed and accurately manipulating steering devices, brakes, etc. for those engaged in driving service.

Nevertheless, the defendant neglected to drive normally due to the influence of alcohol as above and proceeded as it is, due to the negligence of neglecting the front-time city while driving the road, and caused the victim C(41 tax) who was on board after the defendant Otobba and was on board the road to fall off to the front part of the defendant Otoba, and caused the roadside trees to go off.

Ultimately, the Defendant suffered injury to the victim, such as a fixed amount of injury, upon the occurrence of the injury to the victim due to the occupational negligence as above.

2. The Defendant violated the Road Traffic Act (drinking) driven the above Oral Sea under the influence of alcohol level of about 0.175% from the 50-meter section from the 500-distance section to the road indicated in the port 1.1. The Defendant driven the above Oral Sea under the influence of alcohol level of about 0.175% from the 50-meter section of the sea trees restaurant located in the vicinity of the Pungdong-dong forest located in the Goyangdong-dong, Soyang-gu, So-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on the actual condition of a traffic accident, a report on the circumstances of the driver in charge of a primary driving, an inquiry into the difference, and a report on the detection of the driver in charge;

1. Response to a request for appraisal;

1. Medical certificate (C);

1. Application of Acts and subordinate statutes to vehicle photographs, photographs on the scene of the accident, and photographs of victims;

1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment.

참조조문

-특정범죄 가중처벌 등에 관한 법률

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