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(영문) 서울북부지방법원 2014.11.20 2014고단3111
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

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

1. Around 02:55 on June 27, 2014, the Defendant driven a CP car with a blood alcohol content of at least 0.249% under the influence of alcohol on the section of approximately 300 meters from the front of the Dongdaemun-gu Seoul Dongdaemun-gu fire station located in Dongdaemun-gu to the 100-gu Gabane road located in Dongdaemun-gu Seoul, Dongdaemun-gu.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving) committed an act of operating a car as set forth in the above paragraph (1) as the temporary border as set forth in the above paragraph (1), and driving the car as set forth in the above paragraph (1) at the right side of the victim D (53 years old) who was under the influence of drinking by wrong operation of the operation of the operation and steering gear in a situation where normal driving is difficult due to the influence of drinking, the Defendant suffered from the victim F (22 years old) and the victim G (23 years old) who boarded the said taxi with the lower part of the victim D (53 years old) who was under the influence of wrong operation of the operation and steering gear at the right side of the said car, thereby causing the above victim to suffer injury, such as catum salt, etc., and at the same time, the victim F (22 years old) and the victim G (23 years old) who took the said taxi with approximately 3 weeks in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D and F;

1. The actual survey report on traffic accidents;

1. The circumstantial statement of the employee;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, as to the crime committed under the corresponding Act;

1. Articles 40 and 50 of the Criminal Act (a punishment prescribed for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, a punishment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and a punishment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes against G with the largest criminal status);

1. Selection of each sentence of imprisonment;

1. Article 37 of the Criminal Code among concurrent crimes.

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