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(영문) 서울중앙지방법원 2013.11.15 2013고단6000
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six 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

On August 28, 2013, at around 11:50, the Defendant, while drunkly driven a 0.131% alcohol concentration and making it difficult to drive a car normally due to influence of alcohol, was driven by the Defendant, and was driven by the victim D (Nam, 54 years old) who was driving on the left side of the Esch Rexroth Royel car driving by the victim D (Nam, 54 years old) who was driving on the left side of the same road as the left side of the same road when the Defendant continued to turn a four-lane road in front of the shooting distance in the sexual traffic zone located in Seongbuk-gu Seoul, Seongbuk-gu, Seongbuk-gu, Seoul, while driving on the one-lane and open side of the four-lane road in violation of the left-hand turn signal.

The Defendant suffered approximately eight weeks of medical treatment from the victim F, who was on the back side of the Oral Ba, due to the foregoing traffic accident, the victim F, who was on the back side of the said Oral Ba, to suffer from the right saf and the frame.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A statement of the occurrence of a traffic accident of F;

1. A traffic accident report (1), (2);

1. A copy of the report on the actual state of the drinking driver, and the report on detection of the drinking driver;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (2) 2 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act concerning the crime (the point of driving a sound driving);

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspension of execution [decision of a sentence] general traffic accidents, types 1 (Bodily Harm resulting from traffic accidents): Gross heavy factors: Driving - Mitigation factors: Imprisonment with prison labor for 4 months [the scope of a sentence of recommendation] and imprisonment for 10 months (basic area] and the defendant committed the instant crime under drinking, and the degree of injury to the victim is not less narrowly. However, it is serious in light of the fact that the defendant recognized the instant crime and against it.

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