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(영문) 서울서부지방법원 2013.08.13 2013고단1410
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

1. The defendant shall be punished by imprisonment for eight months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date when this judgment has become final and conclusive;

3...

Reasons

Punishment of the crime

1. On March 7, 2013, the Defendant injured by dangerous driving: (a) the victim D (Nam, 64 years old); (b) the victim D (V) who driven a Eyst or other taxi driven under the influence of alcohol by 0.123%; (c) the victim 190-1 front roads in Mapo-gu, Mapo-gu, Seoul; (d) the victim 190-1 front roads in the direction of the new intersection from the red bank to the new intersection; and (e) the passenger 2nd-day treatment for the victim 4 weeks, who was under the influence of alcohol due to the influence of alcohol, was unable to drive normally; and (e) the passenger 2nd-day treatment for the victim D (Seoul and 64 years old); (e) the passenger 2nd-day treatment for the victim 4 weeks, who was under the influence of alcohol; and (e) the passenger 3nd-time treatment for the victim Haak-si, who was under the direction of the Defendant.

2. The Defendant driven a benz car while under influence of 0.123% alcohol level at the same time and at the same place as the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A written report from an employee of an employer;

1. Written statements of D, F and G;

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

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and selection of imprisonment with prison labor, respectively;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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 provides that the majority of victims and the defendant's negligence shall not be less than that of the defendant, and some victims shall be punished, but they shall be the defendant.

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