beta
(영문) 서울북부지방법원 2013.10.10 2013고단1465

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

The defendant is a person who is engaged in driving of Bran XG car.

1. Around May 14, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by D Driving) was driving the said vehicle on the front side of the Agricultural Cooperative, the front side of the Dobong-gu Seoul District Court 704-51, and driving the said vehicle at a speed of about 60 km depending on one speed of 70 km among two lanes. On the face, the Defendant was driving the vehicle at a speed of about 60 km from the face while driving the vehicle at a speed of about a speed of 60 km, such as drinking, due to the influence of drinking. On the other hand, the Defendant was faced with the injury of the victim C (the age of 53) who was waiting to turn to the left at the front side of the said vehicle, and suffered from the injury of the victim, the passenger, the passenger, and the victim of the said taxi, who was under the influence of drinking.

2. The Defendant violated the Road Traffic Act (driving) temporarily and temporarily, such as paragraph (1) of this Article, driven an luxG car in the state of alcohol of about 2 km from the front of the Changdong Station, Dobong-gu Seoul Metropolitan Government to the front road of about 704-51, Dobong-gu, Seoul, Dobong-gu, Seoul, while under the influence of alcohol concentration of about 0.197%.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of a traffic accident C;

1. A report on traffic accidents and a report on actual condition;

1. A written appraisal of blood alcohol;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed under the relevant Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (a point of sound driving);

1. Articles 40 and 50 of the Criminal Act of the ordinary 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: