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(영문) 의정부지방법원 2018.05.11 2018고단411
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B-learning car.

1. On January 6, 2018, the Defendant violated the Act on the Aggravated Punishment of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven the said car in the direction of the parallel intersection in the direction of the border border by driving the said car while under the influence of alcohol concentration of 0.115% in blood at the southyang-si, Namyang-si.

At the same time, the victim D (60) who was driving in the same direction had a duty of care to ensure the safety distance that can be avoided when the cab stops, and to prevent the accident in advance by properly manipulating the brake system.

Nevertheless, the defendant did not avoid a taxi stopping to board passengers due to negligence that failed to properly operate the brake system under the influence of alcohol as above and did not get off the taxi in front of the car driven by the defendant, and received the part of the taxi behind the car driven by the defendant.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to influence of drinking, resulting in the Defendant’s injury to the victim, such as climatic and climatic salt, which requires treatment for about two weeks.

2. Defendant 1 driven the said vehicle under the influence of alcohol content of about 500 meters from the day before a restaurant near G in the southyang-si of the above day to the point of the said accident. Defendant 2 driven the said vehicle under the influence of alcohol content of about 0.115% from the 500-meter section to the point of the said accident.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements of D;

1. The actual survey report and on-site photographs;

1. Report on the circumstances of the driver's license at home and report on the circumstances of the driver's license at home;

1. Notification of the results of crackdown on drinking driving and inquiry of the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment.

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