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(영문) 서울남부지방법원 2013.06.12 2013고단972
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 who is engaged in driving a small-scale car B.

On December 22, 2012, the Defendant driven the above vehicle while under the influence of alcohol 0.182% of blood alcohol concentration around 04:20 on December 22, 2012, and continued the front direction of the 371 Hanjin-dong, Geumcheon-gu, Seoul.

The Defendant did not properly look at the front line, but shocked the front part of the driving of the motor vehicle operated by the Defendant by the victim C(the age of 61) driving in the opposite direction due to the negligence of breaking the center line, which is driven by the victim C(the age of 61).

As above, the Defendant driven a motor vehicle under the influence of alcohol or drugs, and caused the victim to suffer bodily injury, such as a thring six weeks of cirrosis, etc., which requires medical treatment for about four weeks, and caused the victim E (28 years of age) to suffer bodily injury, such as thringer, etc., which requires medical treatment for about three weeks, and the victim F (27 years of age, female) to suffer bodily injury, such as the right-hand water balone, which requires medical treatment for about four weeks.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Traffic accident report, report on the status of an employer-employed driver, and report on the status of an employer-employed driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 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 committed;

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;

1. Article 62 (1) of the Criminal Act (including the first crime, the fact that the automobile comprehensive insurance has been subscribed to, and the victims have agreed smoothly);

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