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(영문) 서울북부지방법원 2014.07.31 2014고단1246
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

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 March 4, 2014, the Defendant, while under the influence of alcohol at 00:43% of blood alcohol level without obtaining a driver’s license, driven G G G G G L L L L L L L L L L L L L L-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

As a result, the Defendant driven the said franchise-free car in a state where it is difficult to drive the car normally due to the influence of drinking, and caused the victim L(40 years of age) who was on board the said passenger car H and the said K5-5 car to suffer injury, such as a fluoral salt for each two-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of H, L, M, and N;

1. A traffic accident report;

1. Registers of driver's licenses;

1. The circumstantial statement of the employee;

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 committed under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act (the point of a sound driving), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the crime;

1. Crimes provided for in Articles 40 and 50 of the Criminal Act among the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes: the punishment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes against H with heavy criminal circumstances (the punishment for a crime of death or injury caused by dangerous driving) against the victim H.

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