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(영문) 의정부지방법원 고양지원 2017.07.13 2017고단1506
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six 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. Around 21:35 on May 1, 2017, the Defendant: (a) driven a B rocketing car; and (b) proceeds from driving a four-lane road in front of the D oil station in Gyeyang-gu, Seoyang-gu; (c) was under the influence of alcohol on the part of the head of Si/Gun/Gu along three-lanes; (d) was under the influence of alcohol on the part of the head of Si/Gun/Gu; and (e) was negligent in performing the duty of the head of Si/Gun/Gu under the influence of his/her normal driving due to occupational negligence when he/she neglected the duty of the head of Si/Gun/Gu under the influence of driving; and (e) was under the influence of driving of the victim E (V, 49 years old) who was under the influence of the head of Si/Gun/Gu under the influence of driving of the said signal at the front of the Defendant’s passenger car; and (e) was under the influence of the victim E and the victim of the said Cando sports passenger G (5 years old).

2. The Defendant violated the Road Traffic Act (drinking driving) driving the said vehicle under the influence of alcohol by 0.152% from the 3km section from the 3km section to the place indicated in paragraph 1, from the 1stm section of the 3km away from the juncheon Dok-ri, Seoul, a Sin-si, a Sin-si, a Sin-si.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Each written diagnosis;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. A traffic accident report;

1. Application of Acts and subordinate statutes governing accident scene photographs;

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding 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 concerning the crime;

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

1. Selection of each sentence of imprisonment;

1. Aggravation of concurrent crimes (to the extent that the punishment is aggregated with the long-term punishment of the above two crimes) provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (Article 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes with heavy punishment) of the same Act: Provided, That the lowest sentence shall be the same.

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