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(영문) 의정부지방법원 2016.07.21 2016고단1677
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a motor vehicle B with detached motor vehicles.

On March 31, 2016, the Defendant, while under the influence of alcohol 0.229% among the blood transfusions on March 23:27, 2016, had a six-lane road in front of the agricultural street of the Do farming city in the Namyang-si, Namyang-si, Namyang-si, left the left at the right turn along the two-lane from the Myeongriside of the Namyang-si Police Station.

At the time, it is an intersection where a signal at night is installed, and the first lane is an exclusive bus, so the driver of the motor vehicle has a duty of care to safely drive the motor vehicle according to traffic signals and to ensure that the driver of the motor vehicle is obliged to safely drive the motor vehicle according to the traffic signals and to properly drive the bus with a first lane.

Nevertheless, the defendant neglected this and left-hand turn in violation of the signal, left-hand turn along the bus-only lane from the boundary of the Namyang-gu Police Station in Southyang-gu, the defendant left-hand turn.

The front part of the D Bus driven by C was the driving seat of the car driven by the Defendant.

As a result, the Defendant driven the said car in a state where it is difficult to drive the car normally due to influence of drinking, and suffered from the injury of base base and tension to the victim E (V, 35 years old), who is the passenger of the said bus, for about three weeks of light-based medical treatment, the injury of base and tension to the same victim F (V, 58 years old), and the injury of base base and tension to the same victim G (50 years old), for about two weeks of light-based medical treatment; and the injury of base and tension to the same victim H (V, 44 years old), for about two weeks of light-based medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A traffic accident report;

1. A written appraisal of alcohol during blood;

1. Each written diagnosis;

1. Application of statutes on site photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury or injury caused by a dangerous driving) as to the crime under the corresponding provision of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 1 and 44 of the Road Traffic Act.

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