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(영문) 의정부지방법원 2016.05.12 2016고단642
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) is engaged in driving car Bsch Rexroths.

On January 2, 2016, the Defendant driven the said car under the influence of alcohol content of 0.170% during blood transfusions on January 2, 2016, and driven the two-lane road in front of the Namyang-do, Gyeonggi-do, at the southyang-do, along the two-lanes between the ice-si factory and the ice-si.

At the time, D taxi was on the front side of the said car, and thus, the person engaged in the automobile driving duty had a duty of care to see the front side and to drive the dong and steering gear well.

Nevertheless, the Defendant neglected this and sustained injury to the victim E-(63) in light of the following: (a) base base and tensions in need of approximately two-day medical treatment for the victim E-car; and (b) the victim F (50) who boarded the said taxi was in need of approximately two-day medical treatment.

As a result, the Defendant was driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, thereby causing injury to the victims.

2. On the same date and time as above 1, Defendant 2 driven Bsch Rexn car under the influence of alcohol content of about 0.170% in the 5km section, including the places referred to in the above 1 paragraph (1).

Summary of Evidence

1. The legal statement of the defendant;

1. A survey report on actual conditions;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed under each of the relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking alcohol);

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

1. Selection of each sentence of imprisonment;

1. The aggravated Criminal Act for concurrent crimes.

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