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(영문) 의정부지방법원 고양지원 2016.06.17 2016고단1011
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for four 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

The defendant is a person who is engaged in driving a vehicle with C low Pest another car.

1. On March 21, 2016, the Defendant: (a) driven a motor vehicle under the influence of alcohol with approximately 20 meters alcohol concentration of about 0.121% from the 20-meter section of the blood alcohol level to the front road, at the time of high altitude 21:14, the Defendant driven the said low-speed motor vehicle at the speed of about 20 meters from the Seoyang-gu Seo-gu Seo-gu west-gu west-gu 293; (b) from the signal light parking lot to the point where the accident occurred to the front road.

2. The Defendant, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) driven a high-speed car on March 21, 2016 and tried to turn to the left over the center line on the front road by driving the signal light, etc. as stated in the above paragraph (1) at around 21:15.

In such cases, a person engaged in driving service of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering direction and brakes, and by accurately manipulating the steering direction and brakes.

Nevertheless, the defendant was driven by the victim D(29) who was straight along the right side of the E-Poter II, which was driven by the victim D(29) who was straight along one lane on the left side of the defendant's moving direction, in order to turn to the left without neglecting it under the influence of alcohol as above, and received the front side of the E-Poter II motor vehicle driving by the defendant.

Ultimately, the Defendant, as seen above, driven the above low-speed car in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim, such as salt of a tree that requires treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. A written inquiry about the results of crackdown on the driving of drinking and a survey report on actual condition;

1. A written statement of the victim;

1. A medical certificate;

1. Application of statutes on site photographs;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 148-2(2)2 and 44(1) of the Road Traffic Act (the point of drinking), Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to dangerous driving) and Article 148-2(2)1 of the Act on the Aggravated Punishment, etc. of the Specific Crimes

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