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(영문) 의정부지방법원 고양지원 2015.10.27 2015고단2095
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

Criminal facts

1. Around 04:00 on May 19, 2015, the Defendant driven CH car with a alcohol level of about 0.218% in the section of about 1km from the 1km to the five-way road of the river village complex located in the Yongsan-gu Gangseo-gu Gangseo-gu Gangseo-gu Hanyang-si, Seoyang-si, Seoyang-si, the same day from the front road of the B building in Goyang-si, Seoyang-si, Busan-si, the Defendant driven CH car with a alcohol level of about 0.218%.

2. On May 19, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) (hereinafter referred to as the “Dangerous Punishment, etc.”) was under the influence of alcohol level of 0.218% on the road in front of the river line village 5 complex as set forth in paragraph (1) of the same Article, and was driving CP motor vehicles at a speed of about 40km in the direction of vision in the direction of the conversation.

Since the location of this case is a remote distance where signal lights are installed, there was a duty of care to check whether a person engaged in driving of a motor vehicle has stopped on the front side and properly manipulate the brake system to prevent accidents in advance.

Nevertheless, the Defendant neglected this and failed to operate the brakes properly under the influence of alcohol, thereby resulting in the Defendant’s failure to drive the brakes on the above roads, and thereby, received the victim E UidiA6 car behind the above Defendant’s vehicle.

Ultimately, under the influence of alcohol, the Defendant suffered bodily injury, such as the victim F(31) who was on board the damaged vehicle while driving the said marina car in a situation where normal driving is difficult due to the influence of alcohol, the victim D(36 years old), the victim G(35 years old), the victim H(29 years old), and the victim I(24 years old), respectively.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of F and D;

1. The actual condition survey report;

1. A report on the detection of a host driver;

1. Statement on the circumstances of the driver of a brewing ship;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes on the spot and related vehicles;

1. Relevant Articles 148-2 (2) 1 and 44 of the Road Traffic Act concerning the facts constituting the crime;

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