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(영문) 서울북부지방법원 2014.12.18 2014고단3890
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

1. On September 10, 2014, the Defendant driven a DSS7 car under the influence of alcohol content of about 0.119% from a 400-meter radius from the 49-ro 49-o, Dongdaemun-gu, Seoul to the front road of the Hancheon-ro, Dongdaemun-gu, Seoul, to the Hancheon-ro 89-ro, Hancheon-ro.

2. On September 10, 2014, the Defendant: (a) while under the influence of alcohol at around 05:15 on September 10, 2014, the Defendant driven the vehicle described in the said paragraph (1) as his duties while driving the vehicle under the influence of alcohol at around 0.119%; (b) led the victim E (63 years old) crossing the said road to the left side of the bend right side of the bend bank of the bend bank in the Hancheon-ro, Dongdaemun-gu, Seoul, while driving the three-lane road on the front side of the Hancheon-ro, Dongdaemun-gu, Dongdaemun-gu, Seoul, to a shooting range from the bend of the bend bank while he is unable to drive normally due to influence of alcohol; and (c) caused the victim E (63 years old) to go beyond the ground by taking the front side of the said vehicle and bring the victim to a state of loss

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. G statements;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

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 concerning the crime and 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 (the point of sound driving and the choice 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 within the scope of the sum of the long-term punishments of each such crime as provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier, and the punishment shall be aggravated: Provided, That the lowest sentence of the punishment shall be the punishment determined for a violation of the Road Traffic Act;

1. The defendant under Article 62 (1) of the Criminal Act is the case of this case.

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