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(영문) 의정부지방법원 고양지원 2014.02.06 2013고단1562
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six 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 B AR car.

On July 12, 2013, the Defendant driven the said car with a blood alcohol concentration of 0.179% 0.179%, while driving it on July 12, 2013, led to a rapid decline of approximately 20 km from the luminous Trithm to the luminous post office located on the front side of the luminous coal mine located in the ethal grasium at the time of wave.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by safely driving the motor vehicle in a manner that well sees the right and the right and the right of the vehicle.

Nevertheless, as seen above, the Defendant was driven by the victim C (year 55) who was under a stop at the rear bank due to negligence in the aftermath of alcohol while under the influence of alcohol, and received the left-hand part of the driver's upper-hand part of the passenger vehicle in front of the passenger vehicle in the same direction.

As a result, the Defendant driven a motor vehicle under the influence of alcohol which makes it difficult to drive the motor vehicle normally for about three weeks, and suffered from the victim E (n.e., the 26 years old) who was on the motor vehicle in the above spathn zone for about two weeks to receive approximately two-day medical treatment, and from the victim FF (e.g., the 32 years old) who was on the motor vehicle in the above spathn zone for about two weeks to receive approximately two-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to a report on detection of a host driver;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 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 Act on the Aggravated Punishment, etc. of Specific Crimes (the punishment imposed on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes) for the Commercial Concurrent Crimes.

1. Selection of each sentence of imprisonment;

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