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(영문) 서울중앙지방법원 2015.04.17 2015고단1000
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 a car in Cknife.

On December 17, 2014, the Defendant driven the said car with a blood alcohol concentration of 0.140% 0.140% around 20:50 on December 17, 2014, and continued the road prior to the Dobong-ro, Gwanak-gu, Seoul Special Metropolitan City, with a beon-gra distance outflow from the fluoral distance.

However, the defendant is divided into drunk, and the walking distance is not easy to drive normally due to the influence of alcohol such as drinking, and due to the negligence of driving a motor vehicle in the front of the road, which is driven by the victim D who is under the influence of traffic at the front of the road, and did not find any Ear-ra vehicle which is driven by the victim D while driving in the front of the traffic at the front of the said car, and received the rear part of the said car as the front part of the said car and received the said ar-ra vehicle, and the said ar-ra vehicle was pushed into the front part of the said car.

Ultimately, the Defendant suffered, by negligence in the above business, the injury of the victim D, such as salt, tensions, etc., in which the victim D had the victim D receive approximately two weeks of treatment; the victim H, who is the passenger of the said car, suffered from the injury of the fluoral salt, tensions, etc., which requires approximately two weeks of treatment; and the victim I suffered from the injury of the fluor’s fluoral damage, etc., which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Each police statement made to D or F;

1. A traffic accident report;

1. The circumstantial statement of the employee;

1. Each written diagnosis;

1. Written estimate;

1. Application of each statute on photographs;

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to a dangerous driving) and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the criminal facts as prescribed in the corresponding Act; and

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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