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(영문) 의정부지방법원 고양지원 2017.10.19 2017고단2287
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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or injury caused before the risk) is a person who is engaged in driving a motor vehicle B with the highest other car.

On July 16, 2017, the Defendant driven the said car under the influence of alcohol content of 0.156% during blood transfusion around 01:30 on July 16, 2017, while driving the said car, and was straighten from the direction of Fungsan to the direction of Fungsan.

Since there was a road where a central line is installed, the defendant engaged in driving of a motor vehicle has a duty of care to protect the central line, thoroughly operate the brake system as appropriate, and prevent accidents by safely driving the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of the Defendant, who was under the influence of alcohol and was waiting for left-hand turn turn at one-lane of the opposite party due to the negligence committed in the center line, and was under the influence of the Defendant.

As a result, the Defendant driven a car in a state where normal driving is difficult due to influence of alcohol, and suffered from the injury of the above victim, such as light boom, bones, etc. requiring medical treatment for about four weeks, and injury to the victim G, who is the passenger of the above damaged vehicle, for about three weeks, such as dump, tension, etc.

2. On July 16, 2017, the Defendant was driving a B-hand car under the influence of alcohol content of approximately 2.156% in the direction of the D kindergarten located in Seo-gu, Busan Metropolitan City, Seoyang-gu, 205, through a road in front of the restaurant at the 205 Seo-gu, Seoyang-gu, Busan Metropolitan City, Seoyang-do, 1445-1, and the same day, from around 01:30 on the same day to the shooting distance of D kindergarten located in Seo-gu, Seoyang-gu, Busan Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. E’s statement protocol (simplified traffic);

1. A traffic accident-related statement of H;

1. A traffic accident report and a traffic accident;

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