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(영문) 서울남부지방법원 2014.06.05 2014고단44
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 driver of Oralba.

At around 04:40 on September 13, 2013, the Defendant, while driving the Otoba, and driving two-lanes of the 2nd line of the 331st line of the 2nd line of the 2nd line of the 2nd line of the 331st line in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, with a alcohol concentration of 0.159%, had the victim C (20 years of age) who is the passenger of the Otoba, was unable to properly operate the Otoba and exceeded the 20th line of the 2nd line of the 331st line of the 2nd line to the

However, at the time, the Defendant was under the influence of alcohol and was in a situation where normal driving was difficult, such as not operating the steering direction and brake system properly as above.

As a result, the defendant driving a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and suffered from the injury of the victim, such as light blood transfusion which requires about 10 weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident occurrence report;

1. The circumstantial statement of the employee;

1. Investigation reports (Application of the Madmark);

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant 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 choice of imprisonment with prison labor for the crime;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there is no criminal record against the defendant, and that the defendant deposited 25 million won for the victim);

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