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(영문) 의정부지방법원 고양지원 2015.01.16 2014고단2601
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 engaging in driving a car B;

On October 12, 2014, the Defendant driven the said car while under the influence of alcohol of 0.170% of alcohol concentration in blood on October 12, 2015, and proceeded two-lanes of the three-lane road in front of the shooting distance of the 10-lane mountain complex in Yongsan-gu, Busan Metropolitan City.

At the time, the defendant was placed in a very strong, and the blood was red.

Nevertheless, the Defendant, while driving a motor vehicle as above, finds it late from the left side of the running direction of the Defendant without permission, and operated the steering gear to the right side to avoid the above C, and received the street trees planted on the right side of the road, into the left side of the motor vehicle driving by the Defendant.

As a result, the defendant suffered from the injury of the victim D (the 22-year old) who was driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, such as the injury of the victim D (the 22-year old) who was driving the motor vehicle and driving the motor vehicle on the motor vehicle of the defendant, such as the upper part of the upper part of the upper part of the second part of the satisfaction for about six weeks in need of medical treatment, the breast electric wall in need of medical treatment for about two weeks to the victim E (the 22-year old) and the head cover for about two days in need of medical treatment.

2. On the date and time stipulated in the above paragraph (1), the Defendant driven a B-ro car in a drunken state with a blood alcohol concentration of about 0.170% from the 10km section of approximately 10km from the 1016-on-ro, Yongsan-gu, Busan Metropolitan City, Seoyang-si to the shooting distance of about 10km.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident investigation report, a traffic accident occurrence report, and vehicle photograph;

1. A report on detection of a drinking driver, a circumstantial report on a drinking driver, a written appraisal of alcohol and alcohol, and a report on detection of a drinking driver;

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

1. Specific crimes as prescribed in the corresponding provisions of the Act regarding criminal facts.

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