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(영문) 서울북부지방법원 2016.08.30 2016고단2044

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On March 11, 2016, at around 03:25, the Defendant: (a) driven a road front of a high school of 586 Nowon-gu Seoul Special Metropolitan City Nowon-gu, Nowon-gu, with a alcohol concentration of 0.175%; (b) was unable to drive under normal conditions, such as a remote distance, while driving a motor vehicle at C in a state where it is difficult to drive under normal conditions, such as a narrow distance, the Defendant driven a motor vehicle at C, along the two-lanes of the two-lanes, from the right edge of the vehicle; (c) driven by the victim D (65 cm) who stops at the right edge of the signal signal at the front direction of the motor vehicle driven by the Defendant; and (d) led to the shock on the left edge of the motor vehicle driven by the Defendant to the right edge of the victim F (35 years old) who stops in the front line of the motor vehicle.

As a result, the Defendant driving the said car in a state where it is difficult to drive the car normally due to influence of drinking, and suffered injury such as a spawn spath, etc. which requires approximately four weeks of medical treatment to the victim D, and injury such as a spawn spath, etc. which requires a water control for about three weeks of medical treatment to the victim F.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A survey report on actual condition and a report on the detection of a driver engaged in driving;

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 and Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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

1. The scope of recommendations according to the sentencing guidelines for traffic crimes for the reasons of sentencing under Article 62(1) of the Criminal Act and the criteria for suspension of execution, the defendant has only one case of a fine due to a violation of the Road Traffic Act, the vehicle operated by the defendant is covered by a comprehensive insurance, the defendant does not want the punishment of the defendant by agreement with the victim F.