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(영문) 의정부지방법원 고양지원 2015.05.22 2015고단49
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 21, 2014, the Defendant driven a D low-speed vehicle under the influence of alcohol content of 0.147% at a section of about 400 meters from the 400-meter radius from the fright road in Gyeyang-gu, Goyang-gu, Goyang-gu to the shooting distance in front of the Yongsan-gu elementary school located in the same Dong.

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 D high-speed car.

On November 21, 2014, the Defendant driven the said car under the influence of alcohol level of 0.147% as stated in the foregoing paragraph 1.35 on November 21, 2014, and led the instant car to the front distance in front of the Seoyangyang-gu Goyang-gu Goyang-gu Goyang-dong, Seoyang-gu, Goyang-gu, to the front distance in the front side of the Gowon-gu, Gowon-dong, Goyang-gu, Goyang-won

Since there are crosswalks in which signal lights are installed on the front side, in such a case, there was a duty of care to check thoroughly whether a person engaged in driving of a motor vehicle is engaged in driving the motor vehicle without drinking and to reduce speed and to drive the motor vehicle safely in accordance with the new code.

Nevertheless, although the defendant neglected the vehicle's progress signals due to negligence while driving the vehicle, the victim E (the age of 42) who cross the above crosswalk from the right side of the defendant's moving the above crosswalk to the left side in accordance with the pedestrian green signals, takes the victim E (the age of 42) who is driving the above crosswalk from the right side of the defendant's moving to the left side according to the pedestrian green signals, and the victim who is driving the front wheels with the front wheels was led about about 10 meters.

Ultimately, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to the above influence of drinking, and suffered injury, such as chest pressure pressure pressure, etc., for a period of three months.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. The report on traffic accidents (the actual survey report);

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