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(영문) 서울동부지방법원 2013.06.07 2013고단985
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

On April 4, 2013, at around 18:10, the Defendant was under the influence of alcohol of 0.139% of blood alcohol level on the one-laned road in front of the Gangnam Cung Cung C (38 years old), Gangdong-gu, Seoul, which is located in 100-dong, and it is difficult to drive a car normally. However, while driving a car at the river in the Handong-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-dong-dong-dong-dong-dong-dong, the Defendant suffered from the Defendant’s driver’s injury, such as a chest injury for about three weeks in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident report, a traffic accident report, photographs and field photographs of the vehicle involved in the accident, the results of measurement of drinking of the driver involved in the accident, the report on detection of the driver involved in the accident, and the circumstantial statement of the driver involved in the accident;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the relevant criminal facts, 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, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravated Punishment, etc. of Specific Crimes, etc. of which the punishment is heavier than that provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes: Provided, That it shall be increased within the scope of the sum of the length of each crime, but the lower limit shall be determined by

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing of Article 62-2 of the Criminal Act for providing community service and attending lectures are previous records of fines due to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and thus, the driver should be involved in driving motor vehicles, despite the fact, while driving motor vehicles with drinking alcohol.

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