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(영문) 서울서부지방법원 2014.02.11 2013고단3344
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

On March 4, 2010, the Defendant had a record of being sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) in the Seocho District Court's territorial branch on March 4, 2010, and a fine of seven million won for a violation of the Road Traffic Act (driving) in the same court on August 31, 2010.

Criminal facts

The defendant is a person who is engaged in driving a Cenz motor vehicle.

On November 16, 2013, the Defendant driven the said car while under the influence of alcohol of 0.135% of the blood alcohol concentration around 10:30 on November 16, 2013, and driven the road ahead of the Changcheon Tri-distance in Mapo-gu Seoul Metropolitan dong at a speed that cannot be identified by two-lanes of the 5-lane distance from the new village distance.

그러던 중 피고인은 위와 같이 술에 취하여 정상적인 운전이 곤란한 상태에서 운전한 업무상 과실로 전방에 신호 대기로 정차중인 피해자 D(36세) 운전의 E 옵티마 승용차 뒷부분을 위 벤츠 승용차 앞부분으로 들이받고, 그 충격으로 위 옵티마 승용차가 앞으로 튕기면서 위 옵티마 승용차 전방에 정차하고 있던 피해자 F(46세) 운전의 G 캠리 승용차의 뒷부분을 위 옵티마 승용차 앞부분으로 들이받게 하였다.

Thus, the defendant suffered from the victim D's injury to the two sides, which requires medical treatment for about two weeks, and the victim F's injury, such as salt, tension, etc., which requires medical treatment for about three weeks.

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. Each written diagnosis;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports;

1. Selection of imprisonment with labor under 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 selection of imprisonment with labor

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (agreement and reflectability) for discretionary mitigation;

1. Article 62(1) of the Criminal Act:

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