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(영문) 서울남부지방법원 2014.12.04 2014고단4103

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 the driver of the freight truck B.

1. On August 7, 2014, at around 00:35, the Defendant driven the said cargo while under the influence of alcohol content of about 1.5km from the front of the yellow sand hold in the Yinsan-dong, Yangcheon-gu, Seoul to the front of the separate road in the Yangcheon-gu, Yangcheon-gu, Seoul. The Defendant driven the said cargo under the influence of alcohol content of about 0.22% at approximately 1.5km from the front of the yellow sand hold in the Yinsan-dong, Yangcheon-gu.

2. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) runs a vehicle on or around August 7, 2014, while driving the vehicle on or around 00:35, the defendant is proceeding at a speed not to drive the vehicle in front of the head of immigration office located in 93, Dongnam-dong, Yangcheon-gu, Seoul, Yangcheon-gu, Seoul, with a high-speed

Under the influence of alcohol, the part of the victim C(the age of 58) who was in the atmosphere of the signal in front of the direction of the defendant was driven by the negligence of the duty that neglected the duty at the time of the front of the truck, which was driven by the victim C(the age of 58).

As a result, the Defendant driven the said car in a situation where normal driving is difficult due to influence of alcohol, and suffered from the victim E (the victim E (the 25 years old), who is the passenger of the said vehicle, for the treatment period of approximately two weeks, both sides of the fluence and the fluence of the treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement in C and E;

1. A traffic accident report, actual condition investigation report;

1. A report on the actual state of the driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 148-2 (2) 1 and Article 44 (1) of the relevant Act on the Aggravated Punishment, etc. of Specific Crimes; Article 5-1 of the Act on the Aggravated Punishment, etc. of Specific Crimes;

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the long-term punishments of each of the crimes above) among concurrent crimes;

1. The fact that the accused recognizes and reflects the crime under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation;