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(영문) 서울북부지방법원 2014.12.18 2014고단3125
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 August 1, 2014, while under the influence of alcohol on at least 0.05% of alcohol, the Defendant driven a BFF car as his duties, and continued to drive a three-lane road of the 284-lane Don Don Don 284 in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Seoul, with a three-lane Don Don 284, the Defendant caused the Defendant to suffer from the injury of the victim C (53 years old) driving the Don Gunn Don Don Don Don Don Don Don Don Don Don Don Don Don Don Don 284, while driving the Don Don Don Don Don 284, the Defendant was unable to drive normally due to the influence of drinking, and caused the said victim to undergo the treatment of the Don Don Don Don Don Don 313.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and E;

1. A traffic accident report (1) (2);

1. A report on the actual state of the 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, Article 148-2 (2) 3 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, as to the crime committed under the corresponding provisions of the relevant Act;

1. The punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (the 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 the punishment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes against Victims E with heavier criminal

1. Selection of each sentence of imprisonment;

1. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravating concurrent crimes within the scope of the sum of the long-term punishments of crimes in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier, and

1. Article 62(1) of the Criminal Act of the suspended execution reflects the depth of the Defendant’s confession of all of the instant crimes, and is neglected.

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