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(영문) 의정부지방법원 고양지원 2016.06.30 2015고단1960
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of 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 C-L car.

On July 27, 2015, the Defendant driven the said car under the influence of alcohol content of 0.163% among blood transfusions on July 18:43, 2015, and led the Defendant to drive the said car in the influence of alcohol content of 0.163%, leading the Defendant to the course bypassing the one-lane top in front of the Samyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Samyang-dong, to the cong elementary school room

At that time, there was a place where the center line of yellow solid lines was installed, so in such a case, a person engaged in driving motor vehicles had a duty of care to drive motor vehicles, such as keeping the wheel and left well, accurately operating the steering and steering system, and driving the wheel and operating the wheel.

Nevertheless, the Defendant neglected to drive the vehicle while driving the vehicle while it is difficult to drive the vehicle normally as above, and the Defendant d' (70 years old) of the victim D who was walking along the road on the side of the road at the time when he walked along the central line, and got the victim over the floor.

Ultimately, the Defendant caused the victim to suffer injury, such as salt, tensions, etc., in need of approximately three weeks of medical treatment by occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement related to traffic accidents prepared D;

1. Application of Acts and subordinate statutes to the survey report on actual condition, the circumstantial report on the driver with the main place, the diagnosis report, and each photograph;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes under the relevant Act on the crime, and Articles 148-2 and 144-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Selection of each sentence of imprisonment;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier, shall be aggravated as long as the punishment is aggregated with the long-term punishment of two crimes as provided for in the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the lower limit thereof;

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