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(영문) 의정부지방법원 고양지원 2015.08.27 2015고단1751
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 driving a ecoo vehicle B.

On June 11, 2015, at around 00:13, the Defendant driven the said car while under the influence of alcohol of 0.118%, and led the Defendant to proceed from the search on the search side the front of the celebal basin in the Goyang-gu So-gu So-gu Seoyang-gu.

At the time, the Defendant was under the influence of alcohol and had a significant decline in the ability to normally determine surrounding traffic conditions, etc., so, the Defendant did not properly check the victim C driver’s D SP car which was stopped by red signal at the front of the Defendant, and continued without checking it. The Defendant received approximately four weeks of the front part of the above SP motor vehicle and sustained a sPP motor vehicle back to the front part of the above SPP motor vehicle and sustained a sprink for the victim to receive approximately four weeks of 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. Investigation report on the actual condition of traffic accidents, report on the detection of a driver, and report on the circumstantial statement of a driver;

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

1. The applicable Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and the choice of imprisonment with prison labor, respectively;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 2009Da1248, Apr. 2, 2009);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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