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(영문) 서울남부지방법원 2014.08.21 2014고단2432
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six 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 who is engaged in driving a B-Wood vehicle.

1. Around 23:50 on June 11, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death, etc. caused by Risk Driving) (the Defendant), while driving the said vehicle at a high-speed of 0.116% alcohol level, and driving the said vehicle on a three-lane road in front of the Seoul Guro-gu, Guro-gu, Seoul, along the 22-lane high-speed of the three-lane 84 Don in front of the opening of the three-lane road from the direction of the error distance, while driving the three-lane Don in front of the victim C(the age of 41) who is traveling along the traffic signal from the front direction of the vehicle of the Defendant, suffered injury, such as the fluor’s chill, tension, etc. requiring approximately two weeks medical treatment.

2. On June 11, 2014, at around 11:50, the Defendant driven the said car under the influence of alcohol content of about 0.116% from the 1km section to the high-speed road of about 22-gil 84 dong, Guro-gu, Seoul, at the front of the parking lot in the Guro heart hospital in Guro-gu, Guro-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

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 a medical certificate;

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

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the accused recognizes and reflects the crime, and the fact that the accused has no criminal record of a fine or heavier punishment);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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