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(영문) 의정부지방법원 고양지원 2015.12.11 2015고단2387
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving a freight vehicle B in the case of violating the Act on the Aggravated Punishment, etc. of Specific Crimes;

On August 9, 2015, the Defendant driven the above cargo while under the influence of alcohol of 0.160% from blood alcohol level 0.160%, and continued two-lanes from the east of the U.S., U.S., Seoyang-gu, U.S., U.S., and the east of U.S., U.S., at the speed of about 60km from the east to the east of the city.

At the time, there was a duty of care to prevent accidents in advance, such as reducing speed and securing a sufficient safety distance for those engaged in driving service, since other vehicles were stopped in front of the defendant vehicle for the signal atmosphere.

Nevertheless, the Defendant neglected this and failed to properly operate the brake system while under the influence of alcohol, and caused the negligence that the Defendant’s vehicle was driven by the victim C (the 21-year-old) who was stopped for the signal atmosphere in front of the Defendant’s vehicle, following the Ddota vehicle driven by the victim C (the 21-year-old).

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the victim, such as cerebral abrut, which requires treatment for about two weeks.

2. Around 15:40 on August 9, 2015, the Defendant driven B Poter truck under the influence of alcohol at approximately 0.160% of blood alcohol concentration from the section of approximately 1.2km at the same 16:00m to the roads under the same day from the construction site of the Goyang-si Library at the Goyang-si, Yongsan-gu, Busan Metropolitan City, 388-24, Goyang-si.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Reports on the actual status of traffic accidents and the control results of drinking driving;

1. A medical certificate;

1. Application of Acts and subordinate statutes on accident vehicles and accident site photographs;

1. The injury resulting from dangerous driving under Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, which is applicable to the relevant criminal facts and the choice of punishment.

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