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(영문) 의정부지방법원 고양지원 2017.03.23 2017고단204
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

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. The Defendant is a person who is engaged in driving of a vehicle with C high priority in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (or death or injury caused before the risk).

On December 29, 2016, the Defendant driven the above vehicle while under the influence of alcohol 0.226% during blood transfusions on December 29, 2016, and driven the three-lane road in the direction of the Goyang-gu Seoul Metropolitan City D in the direction of the flow of the vehicle at the high view view room, depending on one lane.

Since the location was the intersection where signal lights were installed and the passage of the vehicle was high, the driver engaged in the driving duty had a duty of care to prevent accidents in advance by maintaining the safety distance.

Nevertheless, the Defendant neglected to take the front time in a state where normal driving is difficult due to influence of drinking, and caused the back-hander of the victim E-driving car sent in front of the Defendant vehicle, which was sent at the next lane due to the negligence that did not properly control the steering gear and operation apparatus, to shock the backer of the victim E-driving vehicle, and caused the shock by the shocker of the victim E-driving vehicle, where the victim’s vehicle stops in front of the signal signal at the front.

Ultimately, the Defendant suffered injury, such as salt, tension, etc., in need of two-day medical treatment from the victim I, who was accompanied by the victim E, victim G, and victim G vehicle due to the foregoing occupational negligence.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a vehicle of approximately 150 meters from the water source in the Soyang-gu, Soyang-gu to the place of accident described in the preceding paragraph while under the influence of alcohol content of 0.226% in blood at the time specified in the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. A E-document;

1. A fact-finding survey report and a report on the occurrence of a traffic accident;

1. Notification of the results of crackdown on the driving of drinking, statement of the situation of the driver driving, and inquiry about the results of crackdown on the driving of drinking;

1. Investigative Report ( Telephone Investigation -G), Investigation Report ( Telephone Investigation - I) -1.

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