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(영문) 의정부지방법원 고양지원 2014.07.18 2014고단953
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. A 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 service.

On April 28, 2014, at around 01:20, the Defendant driven the above vehicle under the influence of alcohol of 0.201% of alcohol concentration, and led to the two-lane of the two-lane between the two-lanes in the direction of Soyang-gu, Soyang-gu, Seoyang-gu, the Gyeonggi-gu.

At night, the driver had a duty of care to prevent the accident by driving safely by checking well the right and the right in a clean mental condition.

Nevertheless, the Defendant neglected to drive the said vehicle while it is difficult for the Defendant to drive the vehicle normally due to influence of drinking, and the victim C (the age of 42) who had driven the vehicle before, received the rear part of the vehicle as the front part of the Defendant’s vehicle.

As a result, the suspect suffered injury to the victim, due to such occupational negligence, such as salt, tension, etc. of the bones of neck that requires medical treatment for about two weeks, injury to the victim E (the 57-year-old) who is the passenger of the victimized vehicle, such as salt, tension, etc. of the bones of wood that requires medical treatment for about two weeks, and injury to the victim F (the 48-year-old-old-old-age-old-age-age-age-age-age-of-age-age-of-age-age-of

2. The Defendant, at the time and place specified in paragraph (1) of the Road Traffic Act, driven B Dammy under the influence of alcohol content of 0.201% at the blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. A report on detection of a host driver;

1. C's written statement related to traffic accidents;

1. Each written diagnosis;

1. Application of statutes on site photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, as to the crime committed under the corresponding provisions of the relevant Act;

1. Each of Articles 40 and 50 of the Criminal Code of Trade and Trade.

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