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(영문) 의정부지방법원 고양지원 2015.05.22 2015고단647
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

1. Around February 21, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven by the victim C in accordance with the same direction three-lane due to the negligence of neglecting the duty of the U.S. on the part of the victim C driving and following three-lanes from the right side of the said three-lane to the right side of the said one while driving the said one under the influence of alcohol concentration of 0.145%, where the walking is difficult to drive normally, such as the walk-distance and snow shocking, and driving of the said one, while driving the said one at the right side of the said one, and driving of the said one at the right side of the said four-day left side of the said one by the victim, such as the right side of the said one.

2. The Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) at the time and place specified in paragraph (1) of this Article, while under the influence of alcohol 0.145% in blood alcohol concentration without a driver’s license, the Defendant was driving B Costaex.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A written report from an employee of an employer;

1. Registers of driver's licenses;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing vehicle photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is that even though the same kind of drinking driving force has been past, the occurrence of the instant accident has been committed again.

(b).

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