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(영문) 서울중앙지방법원 2014.03.12 2013고단7678
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

On August 31, 2013, the Defendant driven a B-car as his duties under the influence of alcohol of 0.161% with blood alcohol concentration at 0.161% on August 31, 2013, and led to the flow from the intersection of Seodaemun-gu Seoul, Jongno-gu, Seoul, to the intersection of Seodaemun-si along the three-lanes in front of the Young Ingular Association.

Since a place is where a central line is installed, a person engaged in driving motor vehicles has the duty of care to safely drive motor vehicles in accordance with the central line.

Nevertheless, the Defendant, while under the influence of alcohol, was able to take the part of the victim C (the age of 38) driving with the part of the left side of the car of the Defendant, which was frighting with the center line.

The Defendant, by such occupational negligence, caused the victim C to suffer 6 weeks of injury, such as cherral fry, and the victim E (the victim E (the victim 34 years of age), who is the passenger of the victimized vehicle, to suffer 10 weeks of injury, such as bladral frying, pulverging, cutting down, cutting down, cutting down, cutting down, and cutting down the balke and balkes, and the victim F (the victim F (the victim 3 years of age) who is the passenger of the victimized vehicle,

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. The actual condition survey report;

1. The circumstantial statement of the employer and the report on detection of the employer;

1. Application of the C, E, and F Acts and subordinate statutes;

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime by applicable law;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the long-term punishments of two crimes);

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order is that the defendant drives his vehicle in a drunken state and injures all of the victim's family members.

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