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(영문) 서울남부지방법원 2013.03.07 2013고단410

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving other vehicles;

On January 14, 2013, the Defendant driven the said vehicle while under the influence of 06:50% of alcohol concentration of 0.169%, and caused the injury of the victim, by occupational negligence, who was in the atmosphere of the victim C (n, 55 years old) who was in the atmosphere of the signal at the two-lane traffic, without accurately operating the brake system, while driving the said vehicle along three-lanes from the direction of the road in front of the road in Guro-gu Seoul Metropolitan City, Guro-gu to the direction of the road in front of the road in the direction of the road in front of the road in the direction of the road in the direction of the road in the direction of the road in the direction of the road in the direction of the road in which normal operation of the road is difficult due to influence of drinking.

2. The Defendant violated the Road Traffic Act (driving) driving the B B B B B in a state of alcohol alcohol concentration of about 1 km at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. The actual condition survey report;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Photographs of vehicles;

1. Application of Acts and subordinate statutes of a medical certificate;

1. The applicable Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and the choice of imprisonment with prison labor, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the degree of injury to the victim is relatively minor and that the victim has agreed smoothly with the victim);

1. Social service order under Article 62-2 of the Criminal Act;