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(영문) 서울북부지방법원 2015.04.28 2014고단4689

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for not less than eight 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 22, 2013, the Defendant received a summary order of KRW 3 million from the Incheon District Court to a fine of KRW 2 million for a violation of the Road Traffic Act, and on May 22, 2013, the Defendant received a summary order of KRW 5 million from the Suwon District Court to a fine of KRW 5 million for the same crime.

On November 22, 2014, the Defendant driving a B K5 car around 09:30 on November 22, 2014, and continued the intersection in front of the Seoul Western-gu C in front of the elim market at the surface of the elimb.

At the time, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.122% and was in difficult to drive normally due to the influence of alcohol.

Nevertheless, due to the occupational negligence of the defendant's vehicle driving in violation of the vehicle stop signal, the victim D (the 60-year old) driven by the victim D (the 60-year old) who was driven on the right side of the vehicle in the direction of the vehicle driving by the defendant's vehicle driving on the right side.

As a result, the Defendant suffered from the victim F (54 years of age) who is the partner of the Lone Star vehicle, about 3 weeks of the need to treat the victim D for about 3 weeks, and the victim F (54 years of age).

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D and G;

1. A traffic accident report;

1. A written report from an employee of an employer;

1. Each written diagnosis;

1. Each photograph;

1. Before judgment: References to criminal records and investigation reports (report on the results of confirmation before disposition and before investigation) and the application of Acts and subordinate statutes;

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

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;

1. Article 62 (1) of the Criminal Act;

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