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(영문) 서울북부지방법원 2016.06.30 2016고단1560
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Bbea cruise car.

On March 11, 2016, the Defendant driven the said car under the influence of alcohol content of 0.156% during blood transfusion at around 16:30, while driving the said car at a level of 0.156%, and driving it into a new answer distance away from the flat basin behind the D convenience store located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul. At that point, the Defendant was negligent in the course of business, which led the Defendant’s driving on the front side of the vehicle while neglecting to stop due to drinking while driving the vehicle, despite the fact that the vehicle was stopped for waiting, and received the part of the back of the vehicle.

Defendant 1 driven the said Vietnam cruise car in a situation where it is difficult to drive the car normally due to such influence of alcohol as above, and caused the said victim to suffer injury to the said victim, such as salt of the species (in person) that require approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A traffic accident report (on-site investigation report);

1. Application of Acts and subordinate statutes to a report on detection of drivers;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and the point of causing bodily injury to the police who is subject to the option of punishment: Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes; Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act; Article 148-2 (2) 2 of the Road Traffic Act;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier, within the scope of the sum of the long-term punishments of each such crimes as provided for in the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the punishment for concurrent crimes: Provided, That the lowest sentence shall be based on the punishment

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of the recommended sentences according to the sentencing criteria;

(a) Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents [the scope of recommended punishment].

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