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(영문) 서울동부지방법원 2016.07.11 2016고단1467
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

On April 19, 2016, around 21:10, the Defendant: (a) was under the influence of alcohol 0.150% at an intersection in the Songpa-gu Seoul Metropolitan City Sshion market; (b) was under the influence of alcohol; and (c) was under the influence of alcohol, while driving Category B, the Defendant was under the influence of alcohol, and was under the influence of the victim C driver’s license, who was under the signal waiting at the front side of the signal at the signal line; and (d) was under the front side of the vehicle of the Defendant, in order to drive the vehicle on the right side in order to move the vehicle after the accident, the Defendant was under the influence of the E driver’s license, which was under the left side of the E driver’s license stopped at the front of the passenger’s right side.

As a result, the Defendant suffered injury to the victim C, the victim G, and the victim H who was accompanied by the said passenger car, respectively, for about two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of each traffic accident;

1. The application of Acts and subordinate statutes, such as a survey report on actual conditions, a report on the measurement of drinking, a report on the circumstances of the driver of drinking and a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes under the relevant Act on the crime, and Articles 148-2 and 144-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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. Taking into account the following circumstances: (a) the degree of injury suffered by the victims is not severe; (b) the degree of injury suffered by the victims is not severe; and (c) the piracy vehicles are subscribed to a comprehensive insurance, and reflects the reflection thereof, etc., due to favorable circumstances: (a) the alcohol content is high in the blood alcohol level among the grounds for sentencing under Article 62-2 of the Criminal Act; (b) the victims of two traffic accidents occur while driving alcohol on two occasions; and (c) the history of fines imposed on one occasion due to drinking driving

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