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(영문) 의정부지방법원 고양지원 2015.02.06 2014고단2450
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 a person engaged in driving C any motor vehicle;

On July 16, 2014, at around 00:57, the Defendant changed the line to a two-lane while driving at a speed of about 110 km between three lanes in the speed of Si according to three lanes in the middle of the four-lanes in the city from the Seoul bank and the flow of the road adjacent to the E station in Soyang-gu, Soyang-gu D with the blood alcohol concentration of 0.104%.

At the time, there are nights and other vehicles around the Defendant’s vehicle, and thus, the person engaged in the business of driving a motor vehicle has a duty of care to safely change the lane and prevent accidents.

그럼에도 불구하고 피고인은 위와 같이 술에 취해 빠르게 진행하며 2차로로 급격히 차로를 변경한 과실로 때마침 피고인의 차량 전방 3차로에서 2차로로 변경하던 피해자 F 운전의 G 택시의 좌측 부분을 피고인의 차량 우측 부분으로 충격하고 이에 3차로 쪽으로 튕겨 나간 위 택시가 전방 3차로에서 진행 중인 피해자 H 운전의 I SM7 차량의 좌측 부분을 충격하였다.

On the other hand, the above vehicle of the defendant shocked the taxi as above, and then the victim J J J J's vehicle driven along the three-lanes of the opposite opposite lane in the center of the center separation zone and the opposite lane was shocked on the left side of the vehicle.

As such, the Defendant, by negligence in the course of performing duties driving a vehicle in which normal driving is difficult due to influence of alcohol, sustained injury such as escape from the body that requires approximately four weeks of medical treatment to the victim F, inflicted injury on the victim H such as base salt, tensions, etc. in a trend requiring approximately three weeks of medical treatment to the victim H, and receive approximately two weeks of medical treatment to the victim L who was on board the above SM7 vehicle.

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