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(영문) 서울중앙지방법원 2015.03.26 2015고정33

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

1. Defendant A

A. On September 7, 2014, the Defendant was under the influence of 06:10% of blood alcohol concentration at around 06:10, and the Defendant was under the influence of 0.130% of the Act on the Aggravated Punishment, etc. of Specific Crimes (the death or injury caused by dangerous driving) and the violation of the Road Traffic Act (the blood driving) driving of the victim C (the age of 47) driving driven along the victim C (the age of 47) with one lane in the front line of the said Part while driving the automobile at the front line of the said three-lane, and driving the 125CC in the direction of the edge of the road in front of the Gangnam-gu Seoul Metropolitan Government Tropical East East-dong-dong, Chungcheongnam-gu.

B. The Defendant violated the Road Traffic Act, even though a two-wheeled vehicle is not allowed to pass on an expressway or motorway at the same time and place as the preceding paragraph, he operated the above Oba on the motorway as above.

Summary of Evidence

1. Defendant's legal statement;

1. Photographs of the accident site, written consent to the collection of blood, and written appraisal of the blood alcohol concentration;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, Article 154 subparagraph 6 and Article 63 of the Road Traffic Act, the selection of fines for each crime;

1. From among concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to an aggravated punishment for concurrent crimes resulting from a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than the punishment, but the lowest sentence of the punishment shall be determined for the violation of the Road Traffic Act);

1. Penalty fine of KRW 3,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. Article 59(1) of the Criminal Act provides that the Defendant shall be 20 years of age at the time of committing the instant crime.