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(영문) 서울중앙지방법원 2013.08.09 2013고단2716
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

On April 6, 2009, the Defendant was issued a summary order of KRW 1 million with a fine for a violation of the Road Traffic Act, and a summary order of KRW 5 million with a fine at the Seoul Eastern District Court on January 28, 201.

At around 18:50 on February 5, 2013, the Defendant, while drunkly driven a blood alcohol concentration of 0.14% and making it difficult to drive a car normally, and driving the 3rd 4rd mal road in front of 993-2, Gangnam-gu, Seoul, Seoul, by driving the 3rd mal-do 4nd malon from Samsung Station to Samsung Station, along the two-lanes of the above road, at a speed of about 40 km. Since traffic is fixed on the front side of the road, the Defendant was under the duty of care to reduce the speed and drive the vehicle safely while driving the vehicle safely. However, the Defendant was negligent in performing the duty of care to reduce the speed of the driver, while neglecting the duty of care to drive the vehicle safely. The Defendant sustained the injury of the 2nd mal part of the Espon-gu malon vehicle driven by the Defendant in front of the vehicle, and suffered the injury of the said 3rd malon during the given week.

Summary of Evidence

1. Defendant's legal statement;

1. Statement in the traffic accident situation or statement prepared by the F;

1. Descriptions of the circumstantial statement of the driver and the report on detection of the driver; and

1. Entry of the traffic accident report;

1. Descriptions of a medical certificate;

1. Statement in the report of investigation (not later than 34 pages of investigation records);

1. Previous for judgment: Application of each Act or subordinate statute stated in the inquiry report and investigation report (Attachment to the same type of summary order), including criminal records;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act and the choice of imprisonment for a crime;

1. Article 37 of the Criminal Code among concurrent crimes.

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