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(영문) 의정부지방법원 2013.05.07 2013고단589
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

Defendant is a person who is engaged in driving C Ecuaps vehicles;

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) on February 20, 2013, when driving the said vehicle under the influence of alcohol at 0.145% due to the influence of alcohol, and driving the said vehicle on a four-lane road in the Guri-si, Acheon-si, 3-24 Do at the Guri-si, Guri-si, with two-lanes from the Guri-si Police Station, at a speed of about 40 kilometers per hour. Since there was an intersection where a signal is installed at night at the time, the driver of the vehicle has a duty of care to safely drive the vehicle and prevent the accident in advance according to the traffic signal such as accurately operating the brake system, the part of the said vehicle is being driven by the victim who failed to operate the brake system under the influence of alcohol, without being negligent in driving it, and the part of the said vehicle is found that the victim was under the influence of the said vehicle and the victim was under the influence of the vehicle in front and the front.

2. From February 20, 2013 to February 22:00, the said vehicle was driven under the influence of alcohol by 0.145% in the section of approximately 3km from the 3km to the 3km-dong Gacheon-dong, Acheon-dong, Acheon-si, Singu, from the Do adjacent to the agricultural and fishery products market in Kucheon-si to the 3km-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Traffic accident actual condition survey report, accident accident accident report, accident accident report on the driver, and accident status report on the driver;

1. An accident site photograph;

1. Application of Acts and subordinate statutes of the general medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury caused by dangerous driving and the choice of imprisonment) and the Road Traffic Act concerning criminal facts.

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