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(영문) 의정부지방법원 고양지원 2016.12.16 2016고단3024

특정범죄가중처벌등에관한법률위반(위험운전치상)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

The defendant is a person who is engaged in driving a B-Wood vehicle.

On October 9, 2016, the Defendant driven the above vehicle while under the influence of alcohol of 0.152% on blood alcohol level at 05:30%, and continued to drive the vehicle at the speed of 0.152%, from the center of the 18-day mountain village located in the vicinity of the city, the Defendant, under the influence of alcohol at the center of the city, was driving the 18-day mountain village. The Defendant, under the influence of alcohol, had the victim C (Nam, 41 years old) who was driving under the influence of alcohol while driving the vehicle at the front of the traffic signal stop due to his occupational negligence, while driving the vehicle at the speed of the city at the center. The Defendant continued to have the said low-speed vehicle under the influence of the victim E (W, 42 years old) driving.

As a result, the Defendant: (a) caused the victim C to suffer injuries, such as salt ties and tensions, which require approximately two weeks of treatment; and (b) caused the victim G (hereinafter, 16 years of age) who was a passenger with the victim E and the victim G (hereinafter, ) who was a passenger with the said rocketing car to suffer injuries, such as salt ties, tensions, etc. of the border that requires two weeks of treatment; and (c) driven a car while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement;

1. A traffic accident report, a report on the results of the drinking driving control, and a statement on the state of drinking drivers;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes on accident-related 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 of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. From 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 the crimes of violation of 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);