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(영문) 의정부지방법원 고양지원 2018.01.19 2017고단3332

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. On October 30, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) was driving a wall underground roadway, which is in the unification of Gyeyang-gu in Gyeyang-gu at the Goyangyang-gu around October 30, 2017, while under the influence of alcohol of 0.152% during blood, while driving a b gender car and driving it toward the wave on the side of Seoul.

At the time, there was a lot of traffic of vehicles at night, so in such a case, the driver of the motor vehicle had a duty of care to look at the front door well and properly manipulate the brake system according to the flow of the surrounding motor vehicle and prevent the accident in advance.

Nevertheless, under the influence of alcohol, the Defendant was negligent in not operating the brakes properly, and the part of the back part of the victim C(51) driving, which was in the atmosphere of the signal at the front of the passenger car, was driven by the Defendant as the front part of the passenger car operated by the Defendant.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury to the victim, such as a climatic dump, which requires treatment for about two weeks.

2. The Defendant, at the time and place specified in the preceding paragraph, driven a car with B gender tran while under the influence of alcohol with 0.152% alcohol concentration in blood as stated in the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. An accident scene photograph;

1. Notification of the results of regulating the driving of alcohol and application of Acts and subordinate statutes of the report on the circumstances of drivers;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime (the point of causing harm to the driving of danger, the choice of imprisonment), and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of driving alcohol and the choice of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures.