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(영문) 의정부지방법원 고양지원 2013.07.25 2013고단553
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 was sentenced to a fine of three million won for the violation of the Road Traffic Act in order to support the High Government District Court on October 11, 2007, and was sentenced to a fine of three million won for the same crime in the same court on May 19, 2008 and was sentenced to a fine of three million won for the same crime.

1. Around 03:10 on January 25, 2013, the Defendant: (a) was negligent in the course of business in which the victim C(24 years old) who was traveling in the air signal at the front time was concealed D vehicles in the front time under the influence of alcohol with a blood alcohol concentration of 0.206%; (b) the Defendant was able to drive normally due to the influence of alcohol concentration of 0.206%; and (c) the Defendant was able to drive the 8-day mountain village in the front of the Mangsan-dong-dong, Mangsan-dong, Mangsan-dong; and (d) the victim E (24 years old) who was the passenger of the said victim and the damaged vehicle was fluored with a cinitis c that requires two weeks of treatment

2. A violation of the Road Traffic Act (driving) driving a vehicle with a distance of about 1 kilometer from the day before a restaurant in a mutual influence in the name of the meal club located in the Yongsan-dong, Yongsan-gu to the day before the eight complex in front of the mountain village in Yan-dong, Yongsan-gu, Seoul at the same time under the influence of alcohol with a concentration of 0.206 percent of alcohol during the above temporary border.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes to inquiry reports on criminal records, etc. and investigation reports (report attached to the previous records and summary orders of a suspect);

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

1. Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the punishment imposed on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes) against victims C with more criminal penalty;

1. Selection of each sentence of imprisonment;

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