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(영문) 의정부지방법원 고양지원 2015.09.04 2015고단1231
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 drives a BMW 520D car.

On March 25, 2015, the Defendant, while under the influence of alcohol of 05:05, the blood alcohol concentration of 0.188%, driven the said car and driven it on the front day of the Sejong High School from the direction of the wind wave to the Sejong High School.

At the time, the Defendant was under the influence of alcohol so that the ability to normally determine surrounding traffic conditions, etc., was significantly deteriorated, and the Defendant did not properly check the D Launta taxi in accordance with the progress signal in the opposite direction and turn to the left in the non-protection line zone. The Defendant got the front right part of the said BMW car to the front right part of the said BMW car, thereby getting the victim to undergo approximately two weeks medical treatment.

As a result, the defendant was driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing the injury of people.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. A traffic accident investigation report, a request for appraisal, and a diagnosis report;

1. Application of the Acts and subordinate statutes to photographs by cutting off the scene of a traffic accident, vehicle photographs, black stuffs images;

1. Relevant 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 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 (limited to the maximum of long-term punishment, but referring to the punishment determined for the violation of the Road Traffic Act within the scope of the sum of such maximum punishment);

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

1. The defendant is driving on the ground of sentencing under Article 62-2 of the Criminal Act when the defendant has a considerable influence.

The instant traffic accident caused injury to the victim, and is punished for drinking driving in 204 and 2008.

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