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(영문) 서울북부지방법원 2014.04.24 2014고단412

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 20, 2013, at around 01:19, the Defendant, while drunkly driving a freight B with a blood alcohol concentration of 0.163% and making it difficult to drive a car normally due to influence of alcohol, was negligent in violating the signal of the traffic signal apparatus at the front line of the 2-lane driving D taxi in the same direction, while driving a four-lane road in front of the 505-lane of the future driving school, which is located along the 505-lane, from the network of the ditch-gu Seoul, Jung-gu, Seoul, the Defendant caused the injury to the victim C (65 years old) who was going in the middle line of the same direction, due to the negligence of violating the signal of the traffic signal apparatus at the front line of the said 8-day driving vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A medical certificate;

1. Application of Acts and subordinate statutes to reports on the statement of the situation of a driver;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes under the relevant Act on the Punishment, etc. of Specific Crimes, Article 3 (1) and the proviso to (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Crimes under Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes (Article 40 and Article 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Act on Special Cases concerning the Settlement of Traffic Accidents: Punishment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier);

1. Selection of each sentence of imprisonment;

1. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act within the scope of the sum of the long-term punishments of each such crime as provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier, and the punishment shall be aggravated: Provided, That the lowest sentence of the punishment shall be the punishment determined for a violation of the Road Traffic Act;

1. Article 62(1) of the Criminal Act provides that the Defendant is able to make a confession of all of the crimes of this case and reflect in depth.