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(영문) 의정부지방법원 고양지원 2015.07.03 2015고단1204

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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A defendant shall be punished by imprisonment for not more than ten 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 March 29, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dwork, etc.) (hereinafter referred to as the “Dwork, etc.”) (hereinafter referred to as the “DL”) of the victim C driver’s vehicle running ahead of the Defendant’s driving direction due to the negligence of driving a vehicle driving in a state where it is difficult to drive the vehicle normally, while driving the vehicle, the Defendant continued to drive the car in front of the left-hand part of the E-LG vehicle, and continued to drive the car in the front-hand part of the E-VG vehicle, after driving the car in the front-hand side of the E-VG vehicle, and then driving the road from the 18-lane to the middle of the 16-lane from the 18-lane to the middle of the 18-lane route, the Defendant suffered from the victim’s injury to the left-hand part of the E-ray and the left-hand part of the E-ray vehicle, etc.

2. The Defendant violated the Road Traffic Act (driving) driving a fluor XG under the influence of alcohol with a blood alcohol concentration of 0.17% at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A report on detection of a host driver;

1. The circumstantial report of an employee;

1. Each written diagnosis;

1. Application of statutes on field photographs and vehicle photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, as to the crime committed under the corresponding Act;

1. Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62 of the Criminal Act: