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(영문) 서울남부지방법원 2013.04.04 2013고단499
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 January 14, 2013, the Defendant was under the influence of 05:40% of blood alcohol concentration of 0.106% as a person who is engaged in driving of B rocketing car, and the Defendant was driving the said car on the road of Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, to stop on the road and start the vehicle again.

Although the Defendant: (a) while driving a vehicle at the same time without checking the front side of the vehicle, the Defendant: (b) caused the victim C (25 years of age) and the victim D (25 years of age) who walked with the vehicle without checking the front side of the vehicle; (c) caused the victim C (25 years of age) to suffer injury, such as brain death, which requires approximately three weeks of medical treatment; and (d) caused the victim C to suffer injury, such as the complete flasium, which requires approximately six weeks of medical treatment.

As a result, the Defendant was driving under the influence of alcohol, and was driving under a difficult condition due to drinking, and suffered the above injury to the victims.

Summary of Evidence

1. Defendant's legal statement;

1. C's statement on the occurrence of traffic accidents;

1. A traffic accident report;

1. Suspect drinking records, records of the measurement of drinking, records of the driver's license, and reports on the status of the driver's license and the statement;

1. Application of statutes to copies of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed under the corresponding Act on the Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of a sound driving);

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. The suspended sentence is imposed with the victim D under Article 62(1) of the Criminal Act, and is punished in excess of a fine;

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