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(영문) 서울북부지방법원 2014.09.25 2014고단1614
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

Reasons

Punishment of the crime

On April 19, 2014, the Defendant, while under the influence of alcohol 01:34% of alcohol 0.14%, driven a DR5-laned 95-laned 2-laned 2-laned 2-laned 44, as Seoul Dongdaemun-gu, Dongdaemun-gu, Seoul, with the influence of drinking, stopped a cleaning vehicle on the right side of the Madern-gu, which is a cleaning department (52 years of age) and stopped the labing vehicle on the right side of the Madern-gu, and caused the victim E (the 52-year-old), who was a cleaning department due to the negligence of failing to drive normally due to the influence of drinking, was able to receive approximately 12 weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. The circumstantial statement of the employee;

1. Each report on investigation;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act within the scope of the sum of the long-term punishments of each such crime as provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier, and the punishment shall be aggravated: Provided, That the lowest sentence of the punishment shall be the punishment determined for a violation of the Road Traffic Act;

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