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(영문) 서울남부지방법원 2014.06.13 2014고단1185
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 July 18, 2013, the Defendant was sentenced to a fine of KRW 3.5 million for a violation of the Road Traffic Act at the Seoul Southern District Court on July 18, 2013, and a fine of KRW 1.5 million for the same crime in the same court on October 30, 2006, and is engaged in driving of B rocketing car.

On March 13, 2014, at around 23:50, the Defendant driven the said vehicle without obtaining a driver's license, while under the influence of alcohol with a blood alcohol concentration of 0.207%, and led the said vehicle to proceed to the Yangcheon-gu in Seoul, 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 at a difficult condition, and was driving by the victim C (the age of 24) who is waiting for the signal in the same direction as the victim C (the age of 24) in the same direction, and was driving as the front part of the Defendant’s vehicle.

As a result, the defendant suffered from the above victim E (the 22 years old) who is a passenger of the damaged vehicle, the victim E (the 22 years old), respectively, about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

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

1. License register and each medical certificate;

1. Before ruling: The application of criminal records and other Acts and subordinate statutes;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the crime committed;

1. Crimes under Articles 40 and 50 of the Criminal Act among the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act, and each of the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving);

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

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