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(영문) 서울북부지방법원 2016.09.01 2016고단1102

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three 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 a ecoo vehicle in C.

On December 1, 2015, the Defendant, without obtaining a driver’s license at around 04:40 on December 1, 2015, driving the said vehicle with a blood alcohol concentration of 0.138%, and driving the said vehicle along one lane in the direction of the long-term long-term distance from the direction of the spanch road in front of Dongdaemun-gu Seoul, Dongdaemun-gu, along with one lane, the Defendant was found to have been in front of the 5 taxi driven by the victim E (66 years old) who driven the said vehicle while driving the vehicle in the direction of the long-term distance.

Ultimately, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to influence of drinking, and suffered injury, such as salt pans, tensions, etc. in need of medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Results of measurement of drinking alcohol, reports on personnel driving, records of actual condition survey, and the register of driver's licenses (A);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the crime;

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

1. Probation, community service, and lecture attendance order under Article 62-2 of the Criminal Act is based on the sentencing guidelines for traffic crimes for the reasons of sentencing, the scope of recommendation and criteria for probation, the defendant has no criminal record of the same kind of crime, the defendant has committed the crime in this case during the probation period for the same crime, but the grace period has lapsed, the damage of this case has not been excessive, and the defendant has not committed the same crime.