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(영문) 의정부지방법원 고양지원 2019.06.26 2019고단738
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

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 engaging in driving a rocketing car.

Around 01:00 on January 18, 2019, the Defendant was under the influence of alcohol with 0.114% of blood alcohol concentration 0.1.14%, and was driving the said rocketing car, from the shooting distance of the 18-day, Seo-gu, Seoyang-gu, Seoyang-gu to Goyang-si to 18, to tex from the lake park. In such a case, the Defendant was under the intersection where the signal, etc. was installed, and the person engaging in driving the vehicle was negligent in performing the duty of care to safely drive the vehicle in a manner that makes it difficult to drive the vehicle normally due to the influence of alcohol, and was under the influence of the victim C (n, 55 years old)’s drive D X-E car in the same direction, and was under the influence of the above 12 weeks back to the part ahead of the said string or the part, and was under the influence of the victim, thereby suffering the victim’s injury to the victim, such as chest 7 of chest.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual condition survey report;

1. Reports on the state of drinking alcohol and reports on the control of drinking driving;

1. Photographss and investigation reports at the scene of the accident (Attachment to the video data of the disaster scene and to a photograph of a video fluore prior to the accident);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving), Articles 148-2 (2) 2 and 44 (1) of the former Road Traffic Act (amended by Act No. 15530, Mar. 27, 2018) and the choice of imprisonment for each sentence;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes (within the scope of aggregating the long-term punishments of each of the above crimes) provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes, which are heavier

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act are as follows.

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