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(영문) 의정부지방법원 고양지원 2015.04.30 2014고단2781
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 a C-A-Id

On October 19, 2014, the Defendant driven the said car while under the influence of alcohol 0.217% of blood alcohol level around 18:36 on October 19, 201, and continued to drive the said car at approximately 30km in speed in the direction of the highest driving distance from the direction of the driving distance.

At the time, since the distance is short due to night, a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle while keeping the motor vehicle line in a clear mind.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving a motor vehicle due to the occupational negligence of the victim E (age 52) driving while driving the motor vehicle in a state that it is difficult to drive the motor vehicle normally due to the influence of alcohol, such as driving beyond the center line, while neglecting this, and received the front part of the motor vehicle by the Defendant as the front part of the motor vehicle.

Ultimately, the Defendant suffered, by such occupational negligence, injury to the victim E, such as catitis for about three weeks in need of medical treatment, injury to the victim G (V, 46 years of age) who was accompanied by the damaged vehicle for about three weeks in need of medical treatment, and injury to the victim H (V, 55 years of age) in need of medical treatment for about four weeks in the right base.

2. The Defendant, at the time and place specified in paragraph (1) of the Road Traffic Act, was driving a vehicle with a soburpted vehicle C while under the influence of alcohol 0.217% of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A traffic accident report, a report on the detection of a driver, and a circumstantial report on the driver;

1. Photographss related to traffic accidents and black images of damaged vehicles;

1. Each written diagnosis shall be governed by statutes.

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