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(영문) 서울동부지방법원 2013.03.13 2013고단112
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

The defendant is a person engaged in driving a B-to-pur vehicle.

On December 25, 2012, the Defendant driven the said car while under the influence of alcohol of 0.180% with blood alcohol concentration on 22:25 December 25, 2012, and led to driving the said car along the two-lanes of the said road from Seongdong-gu Seoul, Seongdong-gu, Seongdong-gu, Seoul, along the riverside north-ro, which is the motorway 685 prior to Seongdong-gu.

As above, the Defendant changed the three-lane to overtake a motor vehicle in a situation where normal driving is difficult due to influence of drinking, and returned to the two-lane again, and caused the victim's injury, such as brain dynasium, etc. requiring treatment for about two weeks by reason of the occupational negligence, which did not accurately operate the steering gear, while the above Aburging motor vehicle turns out to the one-lane due to the occupational negligence of the victim C (the age of 32) driving in the same direction at the same one lane, and caused the victim's injury to the victim, such as brain dynasium, requiring treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A statement made to supplement the occurrence of a traffic accident;

1. A drinking output paper;

1. A medical certificate;

1. Requests for appraisal, and the application of Acts and subordinate statutes of the blood alcohol appraisal report;

1. Article applicable to criminal facts;

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

(b) point of a drunk driving: Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, an aggravated punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act from among concurrent crimes (aggravating concurrent crimes with the punishment imposed on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than the punishment: Provided, That the lowest sentence shall be determined for the violation of the

1. The fact that the defendant under Article 62 (1) of the Criminal Act repents wrong facts, the damage is insignificant, there is no criminal record of suspended execution or more, and the automobile comprehensive insurance is subscribed.

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