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(영문) 의정부지방법원 2018.10.01 2018고단2046
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment 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

The defendant is a person who is engaged in driving of a vehicle with C investment vehicle.

On March 24, 2018, while under the influence of alcohol 0.104% among blood alcohol, the Defendant straighted the frontway of the E Hospital in Yangju-si D from the long-distance bank of Yangju-si to the bank of the police station of Yangju-si, and caused the injury of the victim FF (68 years old) driver's seat in front of the driver's driving of the said passenger vehicle in front of the said passenger vehicle in front of the Defendant's driving to the victim FF (68 years old), while driving in the opposite direction, due to the occupational negligence during which it is difficult to drive normally due to the influence of alcohol at the police station of Yangju-si, and caused the injury to the victim F, such as H (54 years old), I (60 years old), I (60 years old), and D4 years old, 2 years old and 2 years old, respectively, to the victim F, for about two weeks in front of the said passenger vehicle in front of the Defendant's driving.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. A map and a survey report on actual conditions at the scene of an accident;

1. An accident scene photograph;

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 (referring to the injury or injury caused by the driving of each hazard) concerning the crime, and Articles 148-2 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act concerning the ordinary concurrent crimes (a punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes against K with the largest concurrent crimes among the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes)

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes for which punishment is heavier (the injury or injury caused by dangerous driving) shall be the same as the punishment provided for the above two crimes.

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