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(영문) 서울중앙지방법원 2013.07.19 2013고단3283
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six 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

Around 00:00 on February 26, 2013, when the Defendant was under the influence of alcohol with a blood alcohol content of 0.156% and it was difficult to drive a car normally, the Defendant: (a) was driving a BranXG car at the speed of 0.156%; and (b) was driving along three lanes of the said road at the speed of the west-dong (3rd line in the west-dong west-dong west-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si; (c) the Defendant was under the duty of occupational care to change the lane while neglecting the traffic conditions of the front and rear-dong-dong-dong-dong-dong-dong and neglected to drive the two lanes of the said road; and (d) the Defendant was under the duty of care of the victim for the pertinent three-day-day medical treatment of the victim (3rd-party 1).

Summary of Evidence

1. Defendant's legal statement;

1. Each statement made by the police officer in relation to C and F;

1. Entry into the statement of traffic accident occurrence situation prepared by E;

1. Descriptions of the report on detection of the driver and the report on the circumstantial statement of the driver; and

1. Statement of the actual survey report;

1. Entry in the driver's license ledger;

1. Application of each statute to each written diagnosis;

1. Article 152 subparagraph 1 of the relevant Act on the Punishment, etc. of Specific Crimes and Article 152 and Article 43 of the Road Traffic Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, concerning the crime;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act and a violation of the Road Traffic Act and a violation of the Road Traffic Act without a license).

1. Selection of penalty;

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