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(영문) 서울동부지방법원 2016.04.14 2016고단258

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a car with Bone Starex in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk).

On December 18, 2015, the Defendant driven the said vehicle under the influence of alcohol level of 0.174% among blood transfusions on a normal condition that it is difficult for the Defendant to drive, while driving the said vehicle from the vicinity of the Korea Heating Corporation in Songpa-gu Seoul, Songpa-gu, Seoul to the Cheonggu Cheonggu Cheongbro, the Defendant was negligent in driving under the influence of alcohol, and due to the negligence that the Defendant was driving under the influence of alcohol at the front of the vehicle of the Defendant, while driving the said vehicle, caused the Defendant to suffer from the Defendant’s kyst and the tensions of the constru that require treatment for about 10 days on the front of the Defendant’s vehicle.

2. On August 19, 2008, the Defendant was issued a summary order of KRW 2 million for a violation of the Road Traffic Act at the Seoul Central District Court on the grounds of a violation of the Road Traffic Act, and on February 13, 2009, the Defendant was sentenced to a suspended sentence of seven months for a violation of the Road Traffic Act.

[2] On the date and time indicated in paragraph (1), the Defendant driven the vehicle in the state of alcohol alcohol concentration of approximately 0.174% from the 5.5km section to the place indicated in paragraph (1) on the roads in the Seoyang-dong, Gwangjin-gu, Seoul Special Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each written statement E and C;

1. A report on the detection of a primary driver;

1. A traffic accident report;

1. A medical records;

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history and report criminal investigations (report on the results of confirmation of previous convictions of the disposition);

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and Article 148-2 (1) of the same Act concerning the punishment of the crime, the selection of imprisonment for each sentence;

1. Aggravation concurrent crimes;