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(영문) 의정부지방법원 2018.04.04 2017고단4775
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 who is engaged in the operation of a new car B, which is a person who is in the operation of a new car.

On October 6, 2017, the Defendant driven the said car under the influence of alcohol content of 0.145% among blood transfusions, and was in a straight-distance room with a 329-1 square distance front of the entrance of the Namyang-si, Namyang-si, Tyang-si, the Defendant was under the influence of alcohol content of 0.145%.

Since it was difficult at the time, the driver of the motor vehicle had a duty of care to drive the motor vehicle safely by accurately manipulating the steering direction, brakes, etc. of the motor vehicle while living well on the right side.

Nevertheless, the Defendant neglected to do so and received the front part of the vehicle seat in front of the direction of the proceeding due to negligence.

As a result, the Defendant suffered injury to the victim C (C) who was on the top of the driver's vehicle due to his occupational negligence while driving a motor vehicle in a situation where normal driving is difficult due to the influence of alcohol, by causing approximately 12 weeks of opening of the left-hand elel executive in need of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A C statement;

1. The actual investigation report on traffic accidents;

1. Investigative report (in the case of suspect blood, the calculation of the dmark formula above alcohol concentration);

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

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

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 (aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier, shall be aggravated to the extent that the sum of the long-term punishments of the above two crimes prescribed in the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier: Provided, That the lowest sentence of the punishment

1. Article 62(1) of the Criminal Act (the following sentencing grounds are advantageous to the suspended sentence).

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