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(영문) 의정부지방법원 고양지원 2016.08.31 2016고단1527
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 28, 2016, the Defendant violated the Road Traffic Act (drinking) driven a chip XG car while under the influence of alcohol leveling 0.101% of alcohol level in the 4km section from the road near the head office of the NA, Seo-gu, Busan Metropolitan City, Seo-gu, Seoyang-gu to the high-speed 14:10 on the same day from May 28, 2016 to the road front of bus stops at approximately 4km-gu, Seoyang-gu.

2. On May 28, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused by danger) was driving Buer XG car in front of the bus stops No. 11, in the state of under the influence of alcohol concentration of 0.101% in blood, and driving Buer XG car in the direction of wave in the direction of sexual seat.

At the time, the defendant was followed by the victim C(45 tax) DoW 520 car driven by the victim C(45) in the same direction. In such a case, the defendant had a duty of care to ensure the safe distance available to avoid when the driver of the vehicle gets to live well and stop the vehicle.

Nevertheless, the Defendant neglected this and did not recognize the suspension of prior vehicles under the influence of alcohol, and received the victim's back a driver's vehicle which stops in accordance with the traffic signals due to negligence while driving the vehicle.

Ultimately, the Defendant driven the said car in a state where normal driving is difficult due to the influence of alcohol, and suffered injury to the victim E (V, 53 years old) who was on board the vehicle driving by causing about two-day medical treatment for the victim E (V, 53 years old).

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Criminal facts;

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