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(영문) 서울동부지방법원 2013.07.03 2013고단1200
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On April 10, 2013, at around 19:10, the Defendant was under the influence of alcohol such as blood alcohol level 0.205% in front of the SKecheon Oil Station located in Gangdong-gu Seoul, Gangdong-gu, 354-4, and was under the influence of alcohol level 0.205% on the street, and was under the influence of alcohol level 0.205% on the side of the Yecheon-dong Park Park Ho-ho. The Defendant was under the influence of alcohol level 0.205% on the side of the Yecheon-dong Park Ho-dong Park, and the Defendant was under the influence of alcohol level 0.205% at the time, and was under the influence of alcohol level.

Nevertheless, the Defendant, at the above date and time and place where it is difficult to drive the said car due to influence of alcohol, was driving the said car and changed the said car to two-lanes in the previous direction, and the part on the right side side of the D SPP motor vehicle driven by the injured party C (the age of 37) was driven by the victim E (the age of 10), the injured party E (the age of 8), and the injured party F (the age of 8), who was on the left side of the said car, suffered injury, such as catum fats and tensions that require two-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. The actual condition survey report;

1. Papers of measurement records of drinking alcohol;

1. The circumstantial statement of the employee;

1. Application of statutes to copies of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the absence of any record of punishment sentenced to imprisonment or heavier punishment for a drunk driving, and the agreement with the victim);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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