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(영문) 서울동부지방법원 2013.06.27 2013고단1107
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On January 5, 2007, the defendant was issued a summary order of 700,000 won by the Seoul Eastern District Court for the crime of violation of the Road Traffic Act, and a summary order of 2 million won by the Seoul Central District Court for the crime of violation of the Road Traffic Act on November 24, 2008.

【Criminal Facts】

On April 10, 2013, around 20:02, the Defendant driven a passenger car between C with blood alcohol concentration of 0.124% at the street of Seongdong-gu Seoul Metropolitan Government on the street of 1540, while driving a car between C with the blood alcohol concentration of 0.124%.

The Defendant was under the influence of alcohol level 0.124% at the time, and thus, it was difficult to drive normally due to the influence of alcohol, such as the Defendant was under the influence of alcohol level.

Nevertheless, the Defendant, at the above date and at a place where it is difficult for the Defendant to drive the said vehicle normally due to influence of drinking, was injured by the victim D(33 years of age) who was waiting at the front of the said vehicle while driving the vehicle, by taking the back part of the Esp-R vehicle operated by the victim D(33 years of age) with the front part of the said vehicle between the above Lesponers, and caused the victim to suffer injury, such as fluor salt, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A report on traffic accidents and a report on actual condition;

1. Copy of on-site photographs;

1. Statement on the circumstances of a drinking driver, records on drinking measurements, and report on detection of a drinking driver;

1. A written diagnosis and written estimate;

1. Previous conviction: Application of a reply to criminal records and a copy of each summary order;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Injury caused by dangerous driving: Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes;

(b) Point of drinking driving: Selection of imprisonment with prison labor under Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the punishment shall be imposed on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the punishment against death or injury resulting from

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