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(영문) 의정부지방법원 고양지원 2014.09.25 2014고단1322
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 two years 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 cars BM3;

On May 13, 2014, at around 02:30, the Defendant driven the said car with a blood alcohol concentration of 0.194% 0.194%, and led to the driving of the said car along the two-lanes between the two lanes between the two-lanes in the direction of the Songsan-dong Residents' Center located in the Blsan-gu, Busan-gu, Goyangyang-si and the two-lanes in the direction of the dialogue apartment room.

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 alcohol, have a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as making a well-round traffic situation, accurately operating steering and brakes.

Nevertheless, the Defendant neglected this and got the victim C (the 50-year-old) who was stopped according to the stop signal of the front-hand signal while driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, due to his negligence, and was driven by the victim C (the 50-year-old) as the front-hand part of the motor vehicle.

The Defendant, by such occupational negligence, suffered injury to the victim C, such as culp salt, tension, etc., which requires approximately two weeks of medical treatment, and injury to the victim D (the 47 years of age) who was a passenger of the car at the mar car, for which medical treatment is required for at least four days.

2. The Defendant violated the Road Traffic Act (driving) driven the said vehicle under the influence of alcohol by 0.194% at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual survey report on traffic accidents;

1. Accident site and vehicle photograph;

1. A report on detection of a host driver;

1. Medical certificate (C), medical certificate (D);

1. Application of the written estimate statutes;

1. The Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime committed under the corresponding provisions of the Act.

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