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(영문) 의정부지방법원 고양지원 2019.03.14 2018고단3264
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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 is engaged in driving of a vehicle B from New R&D.

On October 31, 2018, while the Defendant driven the said car under the influence of 00:07, while driving the said car at a level of 0.146% of alcohol level, and driving the said car at a two-lane 176 line under the 176-tong-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Gyeonggi-gu, the Defendant incurred injury to the victim D, i.e., the Defendant’s front left and right and right and right and the right and right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty are exercised are exercised.

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 the injury of people, and driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A traffic accident report;

1. Photographs related to accidents;

1. Making a report on the control of drinking driving;

1. Statement on the circumstantial statement of the employee;

1. Medical certificate (D), medical certificate (F);

1. Application of the Acts and subordinate statutes on black boxes and video CDs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 15981, Dec. 18, 2018); Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act; and choice of imprisonment for each sentence, as to the relevant criminal facts;

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

1. Article 62 (1) of the Criminal Act ( considered as follows):

1. Reasons for sentencing under Article 62-2 of the Criminal Act for orders to attend lectures and orders to provide community service;

1. The scope of punishment by law: One month to ten years of imprisonment;

2. The sentencing criteria shall be set.

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