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(영문) 의정부지방법원 고양지원 2014.04.23 2014고단295
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment 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

Punishment of the crime

The defendant is a person who is engaged in driving of a DNA motor vehicle.

On January 3, 2014, at around 04:20, the Defendant was under the influence of alcohol with 0.19% of blood alcohol concentration, and thus, even if it was difficult to drive the said vehicle normally, the Defendant driven the said vehicle and sustained injury, such as cryp and tension, etc., to the victim E (Nam, 43 years old) who stops in the signal atmosphere while driving one-lane to the general playground from the right edge of the hospital in order to drive the said vehicle at a low speed.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. The actual condition survey report;

1. The entries in the circumstantial statement statement of a host driver in the evidence list appears to be simple as “statement”;

Notification of Results of the drinking driving control;

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

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to a dangerous driving), Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of driving a sound driving) and choice of imprisonment with prison labor for the crime concerned;

1. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (limited to the sum of long-term concurrent crimes as provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes (limited to the sum of the severe punishment): Provided, That the lowest sentence shall be that which is prescribed for the violation of the Road Traffic Act);

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on probation and order to attend a training course is that the defendant committed the crime of the same kind of crime in this case again despite the fact that the defendant had been punished for a majority of drinking driving or driving without obtaining a license, but it is against the fact that the defendant did not bear much weight in the degree of injury and agreed with the victim, and that the defendant would no longer stop the crime by scrapping the vehicle.

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