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(영문) 서울동부지방법원 2013.03.13 2013고단117

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 30, 2012, at around 01:10, the Defendant: (a) driven a Category B observer car while under the influence of alcohol with 0.149% alcohol concentration in a state where normal operation is difficult; (b) led the victim C (the 60-year-old driver) who was stopped due to a stop signal due to occupational negligence when he neglected to stop the front-down city while driving at the 2-lane 418-7-lane of Gangdong-gu Seoul Metropolitan Government as one-lane of the two-lane of the two-lane of the 418-7, Gangdong-gu, Gangdong-gu; and (c) led the victim E (the 26-year-old driver) who was parked in C and the above taxi by being driven by the front-way driver of the said vehicle and was on the c (the 60-year-old driver) in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Records of alcoholic records, records of master drivers, reports on master drivers, reports on master drivers, and reports on actual statements of master drivers;

1. Statement of each traffic accident in C and E;

1. Each written diagnosis;

1. Application of the written estimate for vehicle repair;

1. Article applicable to criminal facts;

(a) The fact of injury caused by each dangerous driving: Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes;

(b) point of a drunk driving: Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act;

1. Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (a punishment imposed on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (a punishment imposed on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and a crime against C with heavier

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, an aggravated punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act from among concurrent crimes (aggravating concurrent crimes with the punishment imposed on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than the punishment: Provided, That the lowest sentence shall be determined for the violation of the

1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act, including the fact that the defendant repents wrong facts, the damage is insignificant, the suspension of execution is not less than a previous conviction and the fact

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;