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(영문) 의정부지방법원 고양지원 2015.09.11 2015고단1774

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

피고인은 B 포르테쿱 승용차를 업무로 운전하는 사람이다.

No one shall drive in a state where normal driving is difficult due to the influence of drinking.

Nevertheless, at around 00:30 on June 27, 2015, the Defendant, while under the influence of alcohol such as 0.153% alcohol alcohol, was under the influence of alcohol, was unable to drive normally. The Defendant driven the said vehicle, while driving the said vehicle along the five-lane in the direction of the Seoul in the direction of the city in which he was driving in the vicinity of the C (51 years old) of the victim C (51 years old), who was prior to the Defendant’s front direction, led to a sudden breakdown of the Defendant’s vehicle.

Ultimately, the Defendant driving a motor vehicle in a state where normal driving is difficult due to the influence of alcohol, and suffered injury to the said victim C, such as a spelke, etc. which requires a medical treatment for about three weeks, and suffered injury to the victim E, a taxi passenger, such as cream dump and tensions, which require a medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Reports on traffic accidents, and inquiry into the results of the control of drinking driving;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to photographs of accidents, motion picture images of damaged vehicles;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of a drinking run);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, among concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to the aggravated punishment within the scope of the sum of the long-term punishments of each crime as provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes, which are heavier than the punishment, and the lowest punishment shall be determined by the crimes of violation of the Road Traffic Act);