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(영문) 서울서부지방법원 2016.03.22 2016고단44
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On October 5, 2012, the Defendant issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act at the Jung-gu District Court on the same day, and on April 19, 2013, a fine of KRW 7 million for a violation of the Road Traffic Act at the Dong-gu Seoul District Court on the same day. The Defendant is a person who has two times the same criminal records.

[2] On December 10, 2015, the Defendant: (a) driven a CFD car with alcohol content of 0.143% while under the influence of alcohol at around 21:16 on December 10, 2015; (b) while driving the CFD car on a three-way road at the entrance of North Korean Industrial Complex in Eunpyeong-gu Seoul, Eunpyeong-gu, in the direction of transmission from the direction of a three-way road to the direction of transmission, the Defendant was faced with the back part of the victim D (43 aged) driving the EM truck, which was parked into the atmosphere from the front direction of the vehicle to the air; and (c) the said CF driver car was under the influence of the vehicle to the front direction of the vehicle; and (d) the left part of the CF driver’s vehicle, which was under the stop at the front direction, became the front part of the DF driver’s vehicle.

As a result, the defendant suffered injury to the victim, such as salt panions, livers, and livers that need to be treated for about three weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D and F;

1. A survey report on actual conditions, a traffic accident occurrence report and a statement on the circumstances of the driver involved in the driving;

1. On-site photographs and vehicle photographs;

1. A medical certificate;

1. Previous convictions: Inquiry of criminal history, investigation report (verification of the same record of the suspect), application of summary order-related Acts and subordinate statutes;

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

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The reason for sentencing of Article 62(1) of the Criminal Act is as follows.

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