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(영문) 의정부지방법원 고양지원 2015.06.12 2015고단982
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 01:30 on February 28, 2015, the Defendant driving a vehicle B with blood alcohol concentration of at least 0.157% from the front parking lot in front of a restaurant near the Gangnamnam Station located in Gangnam-gu Seoul, Gangnam-gu, Seoul to the lower end of the Hayang-gu, Seoyang-gu, Seoyang-gu, Goyang-si, Goyang-si, with the alcohol content of at least 0.157%.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a passenger car B high-speed

On February 28, 2015, the Defendant driven the above car at around 01:30, and proceeded ahead of the Hayangyang-gu Czeyang-gu, Seoyang-gu, Seoyang-gu, with the view to the area of the Goyang-gu Police Station.

In this case, the defendant engaged in driving service of the motor vehicle has a duty of care to prevent the accident by properly examining the traffic situation of the front side and driving the motor vehicle in accordance with the direction of the passage of the lane.

Nevertheless, the Defendant neglected to perform the above duty of care in a situation where normal driving is difficult due to influence of drinking, and went beyond the median line to the opposite lane, and took the front part of the Defendant’s driving vehicle of the Da SM5 taxi in the opposite lane (53 years old) of the victim C (53 years old) who was waiting in the opposite lane, and went to the front part of the Defendant’s driving vehicle. As the said taxi was pushed behind by shock, the Defendant, while driving the e (51 years old) which was parked in the rear bank, conflict with the Fststa taxi in the opposite direction.

Ultimately, the Defendant suffered, by such occupational negligence, the injury to the victim C, such as light dump salt, etc. requiring approximately three weeks of medical treatment, the injury to the victim E, such as salt, tensions, etc., in the field of a dog chain that requires approximately two weeks of medical treatment, and the injury to the victim G (29 years of age) and the victim H (57 years of age) for light cump, etc.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A master-employed driver report and a report on the status of the primary driver;

1. (Dismissal) Medical certificate;

1. On-site and on-site;

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