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(영문) 서울북부지방법원 2014.08.28 2013고단3190
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

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

On October 24, 2013, when the Defendant was under the influence of 0.207% of alcohol concentration in blood, the Defendant driven a cluxon car as his duties, and got two lanes of three lanes prior to the dry Metal Industry located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, into the surface of the new road, at the boundary of the high school, the two lanes of the two lanes prior to the dry Metal Industry located in Dongdaemun-gu, Dongdaemun-gu, Seoul, and had the victim D (5 years old) who was under the influence of alcohol or drugs and was negligent in neglecting the first-lane while he was unable to drive normally while driving normally due to the influence of alcohol or drugs, and caused the above victim to suffer from the injury of the cluxon and tension for about two weeks, while he was under the influence of alcohol or drugs.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. The circumstantial statement of the employee;

1. The actual condition survey report;

1. A medical certificate;

1. Application of Acts and subordinate statutes on investigation reporting;

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes among the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and punishment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes against D with heavy criminal situation)

1. Selection of each sentence of imprisonment;

1. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the minimum sentence shall be applicable to the punishment determined for the violation of the Road Traffic Act, which is set forth in the Act on the Aggravated Punishment, etc. of Specific Crimes, the sum of the long-term punishments of each crime: Provided, That the minimum sentence shall be applicable to the punishment determined for the violation of the Road Traffic Act);

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