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(영문) 서울북부지방법원 2016.07.05 2016고단2034
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing taxi.

On May 13, 2016, while driving the said taxi under the influence of normal alcohol content of 0.198% while under the influence of alcohol at around 17:15 on May 13, 2016, the Defendant found the victim D (75 years old) who was going in the same direction from the front section of the Defendant’s vehicle while driving the said taxi on the front section of the victim’s bicycle at 24 Ma-ro, Nowon-gu, Seoul Special Metropolitan City, which was located in 24 Ma-ro 60 on the front section of the taxi company of the Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-on, and did not properly operate the steering gear and brake system, but did not properly operate the steering gear and brake system, and got the victim’s bicycle back part of the victim’s bicycle.

Accordingly, around 12:45 on May 19, 2016, the Defendant caused the victim to die with cerebral macy due to the thirropical depression in the upper leuk Hospital located in Seoul Special Metropolitan City, Nowon-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The actual investigation report on traffic accidents;

1. Report on detection of a driver of a driving school, ledger of measurement and use of drinking instruments, and records of measurement by suspect A of drinking;

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

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

1. Crimes of violation of traffic laws on roads subject to selective punishment: Imprisonment with prison labor;

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

1. Consideration, such as the scope of recommendations based on the sentencing guidelines for traffic crimes with reasons for sentencing under Article 62 (1) of the Criminal Act, the scope of the suspended sentence and the criteria for the suspended sentence, the fact that the defendant has no criminal record of not less than the suspended sentence, the vehicle driven by the defendant is admitted to the taxi mutual aid association, and the victim does not want the punishment of the defendant separately by

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