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(영문) 의정부지방법원 고양지원 2017.01.12 2016고단1973
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a C-A-hurd motor vehicle.

On May 2, 2016, the Defendant driven the said car with a alcohol content of 0.153% 0.153% while under the influence of alcohol during blood transfusions, and led the Defendant to proceed bypassing it to the room of the Gyeonggi Human Resources Development Institute at the top of the E-ray intersection located in D at the time of strike at the time of strike.

At that time, the Defendant was under significant decline in the ability to determine traffic conditions, etc. in a normal condition under the influence of alcohol. As such, the Defendant did not check the back-per-car of the Victim F (30) drive in front of the course of the course of the course and received the victim H (30 years old) with the rear-perer of the said franchise without checking the passenger car properly before the direction of the course of the course, and caused the victim H (20 years old), which requires approximately two weeks of medical treatment, and caused the victim H (30 years old), who is the passenger of the fran vehicle, to receive approximately two weeks of medical treatment.

As a result, the defendant caused the injury to the victims due to the occupational negligence of driving a motor vehicle while normal driving is difficult due to the influence of drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the survey report on the actual condition, the circumstantial report on the driver with the main place, each photograph, and each diagnosis report;

1. The main sentence of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by a dangerous driving) and the main sentence of 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 ordinary concurrent crimes (inter-Korean between the crimes in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving));

1. Selection of each sentence of imprisonment;

1. The punishment provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the Criminal Act (the punishment shall be imposed on a person causing injury resulting from dangerous driving).

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