(영문) 의정부지방법원 고양지원 2015.12.10 2015고단2855

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(영문) 의정부지방법원 고양지원 2015.12.10 2015고단2855

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 B K5 car;

On September 11, 2015, the Defendant, while under the influence of alcohol at 0.144% of blood alcohol level 0.23:45, entered the entrance3 distance of the D Golf course in Goyang-gu, Goyangyang-gu C from the direction of the golf course to about 30 km in Seoul in the direction of the city of Seoul, and changed the course from the three-lane to the two-lane.

At the time, night, and after the brush, the front door of the road was flowed, and there was a lot of vehicle traffic. In such a case, a person engaged in driving a motor vehicle has a duty of care to prevent an accident by accurately manipulating the steering gear and the brake system while living well in the front door.

Nevertheless, the Defendant neglected this and failed to properly operate the steering gear and brake system under the influence of alcohol as above, and led to the Defendant’s negligence that led to a two-lane course of the above road, which led to the lower right-hand wheel part of the victim E-driving Franta si, which was proceeding on the two-lanes of the above road, to the upper part of the Defendant’s driving.

As a result, the Defendant driven the said car under the influence of drinking, and suffered injury to the victim G (the 29 years old) who was on the back of the said cattle-type taxi due to the influence of drinking, for about two weeks of medical treatment.

2. On September 11, 2015, the Defendant was under the influence of alcohol with approximately KRW 0.144% alcohol concentration from the 500-meter section to the front road of the Gamyang-gu, Yangyang-si, the unification of the 43-58 Goyang-gu, Soyang-si, the unification of the Doyang-gu, Yangyang-si, the Defendant driven the said B K5 vehicle under the influence of alcohol with approximately KRW 500 meters in the direction of 0.14% in alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Notification of the control results of drinking driving and the circumstantial report of drinking drivers;

1. A medical certificate;

1. Application of the laws and regulations governing vehicle photographs.

참조조문

-도로교통법

-특정범죄 가중처벌 등에 관한 법률

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