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(영문) 서울남부지방법원 2013.08.20 2013고단1995
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six 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

1. On September 8, 2008, the Defendant is a person who received a summary order of a fine of two million won or more for a violation of the Road Traffic Act at the Seoul Central District Court on September 8, 2008, and a summary order of one million won or more for the same crime at the Seoul Western District Court on September 20, 2006.

On April 15, 2013, around 21:25, the Defendant driven a B low-priced car owned by the Defendant under the influence of alcohol concentration of 0.150% on the roads near 313-1, Yangcheon-gu, Yangcheon-gu, Seoul.

Accordingly, the Defendant, even though he violated the prohibition of driving under the influence of alcohol not less than twice, was driving under the influence of alcohol again.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Risk Driving) was committed by the Defendant on a driver of the said high-speed car, who driven the said high-speed car along the two-lanes of the said new-speed road from the boundary of the Southern District Court to the boundary of the Southern District Court from the boundary of the new-speed street basin, and due to the Defendant’s failure to drive the said new-speed road along the two-lanes of the two-lanes of the two-lanes, and due to the Defendant’s failure to drive the front-speed in the same lane while under the influence of alcohol to the extent that pedestrians walk and walked to the extent that pedestrians

As a result, the defendant driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury such as light fluoral salt, which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C's statement on the occurrence of traffic accidents;

1. A traffic accident report;

1. A written report on the personnel driving of a drinking driver, a written confirmation on the measurement of drinking, and a written report on the status of a drinking driver;

1. A report on internal investigation (Attachment of photographs on the collision part of a damaged vehicle), a report on internal investigation, a report on internal investigation, and a report on internal investigation (Attachment of a written diagnosis of a victim);

1. Investigation reports (Application of the Madmark);

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Article 5-11 and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime.

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