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(영문) 의정부지방법원 2013.10.22 2013고단3122
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 driving a motor vehicle B options in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury caused by Dangerous Driving). On August 11, 2013, a person driving the motor vehicle under the influence of alcohol at around 0.206% of alcohol level on the same day, driving the motor vehicle on the side of the side where no vehicle is installed in front of the light-wide shooting range at both sides of the city, and driving the side road into an international bowlinging place at the intersection of the three-way wing. In such a case, the victim C (43 years of age and female) was coming along the road along the right side of the road along with his father at the direction of the defendant, and in such a case, the person engaged in driving the motor vehicle is obliged to take a duty of care of safely driving the motor vehicle by accurately operating the steering gear and without shocking pedestrians, while neglecting the duty of care to safely drive the motor vehicle due to influence of drinking, the victim suffers from the victim's right side of the motor vehicle due to his/her negligence on the road.

2. At around 19:10 on August 11, 2013, a person driving B observer car with approximately 30 meters of alcohol concentration 0.206% while under the influence of alcohol in front of the road of the public-use firearms shooting range located in the luminous area of the two-round 19:10 on August 11, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each written diagnosis;

1. Reports on traffic accidents, reports on whether to drive at risk, and inquiry into the results of the control of drinking driving;

1. Application of statutes on site photographs;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the Crime, and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment);

1. The Criminal Act among concurrent crimes.

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