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(영문) 서울남부지방법원 2014.06.13 2014고단1188
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a B-to-pur vehicle.

On February 18, 2014, the Defendant was under the influence of alcohol with 0.153% of blood alcohol concentration around 22:35 on February 18, 2014, while driving the said car, and driving the said car along the south cycle of four lanes in front of the additional elementary school located in 1299 as the Southern Circulation of Guro-gu Seoul Metropolitan City along the south-gu metropolitan circulation, along the south cycle of the additional elementary school into the ethic air.

The Defendant, while driving a roadside in a state where normal driving is difficult due to the above influence of alcohol, was driven by the victim C(the age of 41) who was driven at the front of the Defendant’s vehicle, and was driven by the victim C(the age of 41). The Defendant was driven by the lower driver in front of the said vehicle of the Drenn-turd vehicle.

As a result, the defendant suffered injury to the victim, such as satise of the bones of wood, which requires medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, a report on detection of a drinking driver, and a report on the circumstantial statement of a drinking driver;

1. Investigation reports (Application of the Madmark);

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

1. The choice of imprisonment, as provided for in Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the choice of imprisonment for each crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., a white and reflective fact, an initial criminal, an automobile comprehensive insurance policy, and an agreement with the victim);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation);

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