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(영문) 의정부지방법원 2013.07.23 2013고단1864
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 of the final judgment.

Reasons

Punishment of the crime

Defendant,

1. A person engaged in the business of driving a motor vehicle with C low-speed Pertaining to the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving). On December 8, 2011, when driving the motor vehicle under the influence of alcohol at 0.185% of alcohol level around 01:50, while driving the motor vehicle and driving the 1st line on the road with the luminous Don-ri 801-2 at two weeks from the south of the chill-don-ri, the chill-ri at the south of the chill-ri, about 3 to 40km from the south of the chill-don-ri, the vehicle is at a place where the center line of the yellow-ray real line is installed, the driver has a duty of care to safely proceed along his vehicle and prevent the accident from occurring. However, the part of the victim's dump truck with his normal driving difficult due to the influence of the above drinking, suffered injury to the victim's left part 5 d motor vehicle.

2. On the date and time set forth in the Road Traffic Act (driving) and the Road Traffic Act (Unlicensed Driving) and paragraph 1 of the same Article, a driver has driven the above low-speed car while under the influence of alcohol of about 0.185% without obtaining a driver's license in the 3km section from the Do of the nittop convenience store located in the T-top tin in the same ropical area to the road located in approximately 801-2 at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. The actual condition survey report;

1. A report on whether to drive any motor vehicle at risk, a report on the actions taken against the driver, and an appraiser;

1. The driver's license ledger;

1. A medical certificate;

1. Application of statutes on site photographs;

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of injury caused by dangerous driving) and the former Road Traffic Act (wholly amended by Act No. 10790, Jun. 8, 201) concerning criminal facts (Article 10790, and Addenda of the Road Traffic Act).

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