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(영문) 의정부지방법원 고양지원 2015.08.27 2015고단1135
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

1. On May 3, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) committed an act of neglecting the duty of Jeonju in the situation where it is difficult to drive under normal conditions, such as a 0.292% of blood alcohol concentration, while driving a high-speed motor vehicle with C high-speed motor vehicle, driving at the front part of the said high-speed motor vehicle and driving from the front part of the said high-speed motor vehicle, driving from the front part of the said high-speed motor vehicle, driving at the front part of the said high-speed motor vehicle, driving at the front part of the said high-speed motor vehicle, driving at the front part of the said high-speed motor vehicle into the middle part of the front part of the said high-speed motor vehicle, and having the victim D, who is the above high-speed motor vehicle, suffer from the injury of each of both sides of the 2 weeks in need of treatment for the victim boarding of the said high-speed motor vehicle, etc.

2. The Defendant violated the Road Traffic Act (driving) driving the above low-speed vehicle while under the influence of alcohol with 0.292% alcohol concentration at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. The application of Acts and subordinate statutes to the survey report on actual condition, the circumstantial report on a drinking driver, the notification of the results of the regulation of drinking driving, and each medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 1 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. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act within the scope of the sum of the long-term punishments of the crimes in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which are heavier than the punishment, and the minimum sentence shall be aggravated: Provided, That the minimum sentence of the punishment shall

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