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(영문) 서울북부지방법원 2014.08.28 2014고단2397
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On April 23, 2014, while under the influence of alcohol at 01:30% of alcohol, the Defendant driven a DaM5 vehicle as his duties, and had the said victim suffer injury, such as a chest pressure shocking the above part of the driver G (the age of 29) driving of the victim G (the age of 29) with the front part of the above 8 weeks of alcohol, and at the same time caused the death of the victim H. H. (the age of 434 years of age), who was on the back part of the above Haak-dong, and was under the influence of the Y5 vehicle at the two-lane of the two-lane road in front of the F restaurant located in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, in accordance with the two-lane of the two-lane road in front of the F restaurant located in Seongbuk-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A report on detection of a host driver;

1. A death certificate;

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

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 3 (1), the proviso to (2) 2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment prescribed by the Act on Special Cases concerning the Settlement of Traffic Accidents between Violations of the Special Cases concerning the Settlement of Traffic Accidents and the punishment prescribed by the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims H

1. Determination of imprisonment without prison labor or imprisonment with prison labor for a violation of the Act on Special Cases concerning the Settlement of Optional Traffic Accidents;

1. Of concurrent crimes, the reason for sentencing under the former part of Article 37, Article 38(1)2 and (2), and Article 50 of the Criminal Act (the punishment shall be aggravated by concurrent crimes prescribed by the Act on Special Cases concerning the Settlement of Traffic Accidents, which shall be heavier than the punishment, but the punishment shall be imposed by imprisonment);

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