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(영문) 서울서부지방법원 2015.03.24 2014고단3198

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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A defendant shall be punished by imprisonment for not more than ten 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

On February 25, 2009, the Defendant was sentenced to a fine of 1.5 million won for a crime of violating the Road Traffic Act at the Seoul Central District Court on February 25, 2009, and on April 20, 2012, the Defendant was sentenced to a fine of 2 million won for a crime of violating the Road Traffic Act at the same court on April 20, 201.

1. On October 23, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven a CK5 car with a blood alcohol concentration of 0.164% on October 23, 2014, while driving a two-laner in front of Yongsan-gu Seoul Metropolitan Government along the ethic ethic speed from the ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic e

2. The Defendant violated the Road Traffic Act (driving) driven CK5 vehicle at a section of about 400 meters from the front of Yongsan-gu, Yongsan-gu, Seoul to the place specified in paragraph (1), while under the influence of alcohol with a blood alcohol concentration of 0.164% on the date specified in paragraph (1).

Summary of Evidence

1. Statement of the accused in the first trial record;

1. Each written statement of E and G preparation;

1. The actual survey report on traffic accidents;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. On-site and vehicle photographs;

1. A medical certificate;

1. Judgment section: An inquiry report and application of each summary order Acts and subordinate statutes;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and the provision of Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment);

1. Of concurrent crimes, punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act shall be heavier;