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(영문) 서울북부지방법원 2015.01.15 2014고단2845
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 June 17, 2014, while under the influence of alcohol at 00:28% of alcohol, the Defendant driven a Karen car as a job and got to the left at the government level from the boundary of the Dobong Police Station located in Seoul Special Metropolitan City, Nowon-gu, the Defendant caused the victim D (75 years old) driver's left-hand side of the said Karen car, who violated the signal of the traffic signal apparatus at the front line at the Nowon-gu Police Station where it is difficult to drive normally due to drinking, due to the influence of drinking, and caused the victim's injury, such as catus catf (32 years old) on the left-hand side of the said Karen car at the front line of the said Karen Station, and caused the said victim to suffer the above 31-day medical treatment at the same time, such as the injury of the victim, such as the closure of the bones bones, etc. necessary for treatment for about 3 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A traffic accident report (1) (2) and a actual survey report;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to reports on the statement of the situation of a driver;

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes among the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and punishment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes against D with the largest criminal situation against D

1. Selection of each sentence of imprisonment;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes [the punishment shall be aggravated within the scope of adding up the long-term punishment of each crime resulting from the death or injury caused by dangerous driving (the punishment shall be added) of the Act on the Aggravated Punishment, etc

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