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(영문) 의정부지방법원 2013.12.20 2013고단3841
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
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A defendant shall be punished by imprisonment for not less than eight months.

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 driving a cargo vehicle B 4.5 tons.

On October 14, 2013, at around 15:02, the Defendant driven the said cargo in a state where it is difficult to drive normally under the influence of alcohol 0.332% due to the influence of alcohol, and was driving the said cargo at a speed of about 20 km per hour from the direction of the sub-deception distance to the direction of the sub-deception in order to drive the said cargo at a speed of 0.32%.

In this case, the driver of the vehicle shall not drive the vehicle in a state where it is difficult to drive the vehicle normally due to the influence of drinking, and there was a duty of care to make a bypass the other vehicle not to obstruct the passage of the vehicle.

Nevertheless, the defendant neglected to do so and is bypassing it.

In this part, the part of D-T-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-S

Ultimately, the Defendant driven the above cargo while having difficulty in driving normally due to the influence of drinking or drugs, the blood alcohol concentration of which is not less than 0.2%, thereby causing injury to people.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. The circumstantial statement of the employee;

1. A report on detection of a host driver;

1. Records of the scene and vehicle damage photographs;

1. Making a report on the control of drinking driving;

1. Application of Acts and subordinate statutes of the Medical Certificate (C);

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act and the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;

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