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(영문) 의정부지방법원 고양지원 2015.07.16 2015고단1254
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

The Defendant is a person who drives a small-scale vehicle as his duties.

On February 28, 2015, the number of 00:30, Goyang-si Mayang-dong Hyundai Department Store Intersection Modern Department Store Intersection Do-dong, Jungdong-dong, the two-lanes of the two-lanes of the 4-lane Do-dong Do-dong.

In such cases, all drivers of vehicles have a duty of care to prevent accidents by accurately operating the steering gear and steering gear well, and even if they are unable to drive in a state where normal operation is difficult due to drinking, due to negligence of driving in violation, and by negligence, the back part of the victim D (26 years old, n, n) E 3-sized vehicle in the front direction of the driving vehicle was driven by the front part of the driving vehicle of the Defendant.

As a result, the above victims suffered bodily injury, such as “freshing the body body of the 5th century,” which requires approximately 4 weeks of medical treatment, and injury such as “fresh dynasium and tensions,” which require approximately 2 weeks of medical treatment to the son F (year 27 years of age, south).

B. At the same time as referred to in the preceding paragraph, the above vehicle is driven under the influence of approximately 2 km in the distance of approximately 0.186% in blood alcohol concentration from the front corner of Ildong-gu Tong-dong Port Lone Star Do-dong, Ilyang-gu to the front corner of the modern department store in Jung-gu, Busan-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

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

1. A report on the detection of a driver of the driving school (No. 10 No. 10 of the evidence list);

1. The circumstantial report of the driver of the brewing ship;

1. Investigation report (related to national blood appraisal);

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

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 former part of Article 37 of the Criminal Code among concurrent crimes.

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