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(영문) 서울북부지방법원 2015.01.29 2014고단4380
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

1. On July 9, 2014, the Defendant issued a summary order of KRW 3,00,000 by the Seoul Northern District Court on the same day as a fine of KRW 5,000,00 for a violation of the Road Traffic Act (driving). On the same day, the Defendant was issued a summary order of KRW 5,00,00 for a violation of the Road Traffic Act (driving). On November 10, 10:20 of the same year, on the road near Jongno-gu Seoul Jongnoporoporoporo 25-2, from the 1km section to the road before the police box located in Seongbuk-gu, Seongbukporo 19, the Defendant driven a vehicle of KRW 3, H 3, while under the influence of alcohol concentration of KRW 0.142% without a driver’s license.

2. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) committed on November 10, 2014, the Defendant driven a vehicle as described in the above paragraph (1) while under the influence of alcohol as described in the above paragraph (1) and inflicted injury on the victim I (55 years old) and the victim K (63 years old) who was on the front part of the said taxi with the front part of the said passenger vehicle and caused the victim K (63 years old) who was on the front part of the said taxi by negligence while he was negligent in driving at the right time due to influence of drinking while driving the two-lanes of the two-lane road in the middle of Seongbuk-gu, Seongbuk-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement to I and K;

1. The actual condition survey report;

1. A report on the actual state of the driver;

1. License register;

1. Each written diagnosis;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of a sound driving), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the crime;

1. Commercial concurrence;

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