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(영문) 의정부지방법원 고양지원 2014.10.16 2014고단896
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 three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaged in driving CM5 motor vehicles;

On January 31, 2014, the Defendant was under the influence of alcohol of 0.198% and blood alcohol concentration of 16:05 on January 31, 2014, and the Defendant was driving the said car to drive it in the direction of Sigsan Child Care Center in the direction of unification, which is 754-ro, Seoyang-gu, Youngyang-gu, Uniform-gu.

In this case, the driver of a motor vehicle has a duty of care to prevent the traffic accident in advance by driving the motor vehicle rapidly and at a speed, because the vehicle is in the alley length without distinguishing the two lanes, and the people are only in the p.m. at the time of the o.m., and the other vehicles are being operated in a tent.

Nevertheless, the Defendant, by negligence in the course of business, who was under the influence of alcohol without putting the front door on the part of the front part of the Defendant’s vehicle, was driving in the same direction at the front part of the Defendant’s vehicle, and was taking part of the rear part of the Defendant’s vehicle at the horse e-mail, and suffered injury to the victim FF (n, 34 years of age, pregnant women, etc.) who was boarding the horse on the horse at the horse e-mail, for about two weeks of treatment.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, thereby causing the injury of the victim.

2. On January 31, 2014, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.198%, and around 16:05 on January 31, 2014, the Defendant driven the said SM5 car at a 3km section of approximately 754-ro, Changyang-gu, Soyang-gu, Seoul apartment 6-dong, Goyang-gu, Goyang-gu, Seoul.

3. Around 14:00 on January 21, 2014, the Defendant violated the Automobile Management Act: (a) the registration number plate was forged in front of the CM5 vehicle owned by the Defendant due to the automobile tax in arrears; and (b) the vehicle registration number plate was seized from the Defendant’s house at Goyang-gu G Adong 202 at Goyang-gu, Seoyang-gu, Seoyang-gu; and (c) on the vehicle.

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