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(영문) 서울북부지방법원 2014.12.18 2013고단3318
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On July 23, 2013, while under the influence of alcohol 00:55%, the Defendant driven a ecoos vehicle B as his duties while driving on a blood alcohol 0.238% on July 23, 2013, and continued the two-lanes of the four-lane road in front of the 401 metropolitan railway corporation, as Seoul Dongdaemun-gu, in front of the 401 metropolitan railway corporation, as Seoul Dongdaemun-gu, into the military air railway corporation, and due to the influence of alcohol, the Defendant caused the injury of the said victim and the victim E (30 years old) who was on board the said taxi to the front part of the said ecoos in need of medical treatment for about two weeks.

Summary of Evidence

1. A written statement of C and E;

1. The actual condition of traffic accidents;

1. A report on the actual state of the driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

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 C with heavier 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, Articles 38 (1) 2 and 50 of the Criminal Act within the scope of the sum of the long-term punishments of each such crime as provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier, and the punishment shall be aggravated: Provided, That the lowest sentence of the punishment shall be the punishment determined for a violation of the Road Traffic Act;

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