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(영문) 서울남부지방법원 2018.10.11 2018고단3961
특정범죄가중처벌등에관한법률위반(위험운전치사)등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 27, 2016, the Defendant was under the influence of alcohol by 0.105% in alcohol while driving at around 22:30 alcohol, and the Defendant was under the influence of alcohol, but it was difficult to drive CA’s car on a normal basis due to influence of alcohol. However, the Defendant was under the influence of CA’s car at a speed of about 120-130 km per hour depending on one lane among the 2nd line of the 2nd line installed in the US Order, and was under the influence of CA’s car at a speed of about 120-130 km in the city. While he was under the influence of C’s car, the Defendant was under the influence of C’s car at the top of CA’s speed, and was under the influence of C’s car at around 120-130 km, the Defendant was under the influence of C’s steering system on the left side and left side, and caused C’s death at the general hospital on February 21, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy and translation of the transport survey report (in-house police preparation);

1. Statement made by the police against D;

1. Embassy official text, arrest record paper, FBI certificate, medical record paper, consent to blood collection, and other investigation report;

1. Application of the statutes governing site photographs, explanations, and mandatory records;

1. Article 148-2 (2) 2 and Article 44 (1) of the Traffic Act concerning the facts constituting an offense, and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing death or injury to the driving of a motor vehicle) concerning the same offense;

1. Selection of sentence of imprisonment with prison labor for a crime of violating the traffic laws on the selective road;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, Article 50, and the proviso to Article 42 of the same Act (within the scope of a term of punishment aggregating a maximum term of punishment prescribed for each crime);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommended punishment] / Operation of drinking in the aggravated area (one year to three years) (special mitigation (special mitigation) / Non-Punishment (including serious efforts to recover damage) / Drinking driving.

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