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(영문) 서울북부지방법원 2017.09.21 2017고단2781
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) is a person engaging in driving a Bbee cruise car.

On June 24, 2017, when the Defendant was unable to drive normally due to the influence of alcohol or drugs, such as a ethrhying alcohol concentration of 0.161% during blood, the Defendant driven the said vehicle while driving the vehicle in a state that it is difficult to drive normally due to the influence of alcohol or drugs, etc., and then, the head of Seongbuk-gu Seoul Gotttju, Seoul, and the head of the 77th head of the Gutttju, a back to the left side of the victim C (65 years of age) who was transmitted to the right side of the said B (65 years of age) in the front of the said Blsta car, followed the victim by driving the said vehicle in a state that it is difficult to drive normally.

2. On the day specified in the above paragraph 1, Defendant 2 driven a Bbee cruise car with alcohol content of 0.161% at a distance of about 200 meters from the front of the Seoul Seongbuk-gu Seoul Metropolitan market to the above accident site.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A traffic accident report (1) (2), notification of the results of regulating drinking driving, a statement report on the situation of the driver who is placed in driving, and a medical certificate;

1. Application of Acts and subordinate statutes to report on investigation (report on the situation of the driver in charge);

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, despite the fact that the defendant had been punished three times due to drinking alcohol driving in the past, again commits the instant crime, and the amount of alcohol concentration in blood at the time of the instant case is very high and significant.

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