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(영문) 서울남부지방법원 2014.10.17 2014고단3208
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 who is engaged in driving a B-Wood vehicle.

On July 3, 2014, the Defendant driven the said car while under the influence of alcohol of 0.232% of blood alcohol concentration on July 3, 2014, and driven the said car, and driven the front road of the Mandae LG building located in 128 as Seoul Yeongdeungpo-gu, Yeongdeungpo-gu.

The Defendant, under the influence of alcohol as above, was driving the said vehicle without putting the front door while driving the said vehicle under the influence of alcohol, and was driving the said vehicle by the victim C(the age of 49) prior to the Defendant.

As a result, the defendant suffered from the victim's fluoral fluoral fluorum in need of medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition of traffic accidents;

1. Report on actions taken against an employer, and report on the status of the employer-employed driver;

1. Application of Acts and subordinate statutes of a medical certificate;

1. The choice of imprisonment, as provided for in Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (i.e., primary offenders who have subscribed to the comprehensive motor vehicle insurance and have agreed with the victim);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

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