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(영문) 의정부지방법원 고양지원 2013.08.22 2013고단709
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 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 by Dangerous Driving) is the person engaged in driving freight cars B;

On April 13, 2013, at around 21:30, the Defendant driven the said vehicle while normal driving is difficult due to the influence of alcohol that reaches the blood alcohol concentration of 0.180%, and led the Defendant to drive the said vehicle along a two-lane road in front of the 19-lane, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, U.S. D. 19-lane in front of the 19-lane, from the side of the main commercial region, along one lane.

At night, there was a signal at the front time, so the defendant engaged in driving of a motor vehicle has a duty of care to maintain the safety distance with the motor vehicle in front while keeping the signal well and to prevent the accident by accurately manipulating the steering direction and brakes.

Nevertheless, the Defendant, while under the influence of alcohol, failed to properly operate the brake system, caused the D driving of the victim C(37 years old) who was in the atmosphere of the signal signal at the front of the Defendant to shock back the passenger vehicle.

As a result, the defendant suffered from the scopic scopical scopical scopty which requires approximately three weeks of treatment to the above victim.

2. The Defendant violated the Road Traffic Act (driving) at around 21:20 on the same day, driving the above cargo while under the influence of alcohol of 0.180% of the blood alcohol concentration from the 1km section to the above place, around 21:30 on the 21st day from the front day of a conversation, a flusium, and a flusium in the Yongsan-gu, Yongsan-gu, Yongsan-si.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition of traffic accidents;

1. Application of Acts and subordinate statutes to a report on detection of a host driver;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the relevant criminal facts, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment);

1. Of concurrent crimes, punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act shall be heavier;

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