beta
(영문) 의정부지방법원 고양지원 2015.06.25 2015고단571

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment with prison labor 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

Criminal facts

1. On February 27, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) (the Defendant: (a) driven a DSS7 vehicle while under the influence of alcohol level of 0.157% on February 27, 2015; (b) while driving the vehicle in the direction of normal operation due to the influence of alcohol level of 0.157%; and (c) driving the vehicle in the direction of high-sea, one of the six lanes in the dialogue-dong radius of Ilyang-gu, U.S. at the front of the Preferred Zone, one of three lanes in the front of the Preferred Zone; (b) while driving the vehicle in the front of the said taxi along three lanes in the middle of the Preferred Zone, due to the negligence of neglecting the duty of the Preferred Zone, the part of the driver's seat of the taxi in the front of the said taxi and the part of the driver's seat in the front of the victim's vehicle that needs to be parked in the middle of the G.

2. The Defendant was driving a SM7 vehicle under the influence of alcohol level of 0.157% at the time and place specified in paragraph (1) of the Road Traffic Act.

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement of the occurrence of each traffic accident in E, G, and I;

1. A traffic accident report and a report on the occurrence of a traffic accident;

1. The circumstantial report of the driver involved in driving, and the report on the detection of the driver involved in driving (No. 12 No. Serials in evidence list);

1. Response to a request for appraisal (2015-m-5016);

1. Each written diagnosis (I, G);

1. Application of Acts and subordinate statutes on accident site photographs;

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. The Criminal Act among concurrent crimes.