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(영문) 서울서부지방법원 2013.04.23 2012고단2676
도로교통법위반(음주운전)등
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, 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

1. Around 23:45 on November 30, 2012, the Defendant driven a vehicle of approximately 300 meters C 130 meters from the road surface near the new and new rocks elementary school in Mapo-gu Seoul Metropolitan Government to the road surface from around 50-1, Mapo-gu, Seoul, under the influence of alcohol content of 0.194%.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death resulting from Dangerous Driving) was driven under the influence of alcohol by 0.194% of the blood alcohol concentration in the above temporary border, and the Defendant was driving the said car at the same time and driving it from the intersection of the Mapo-si Seoul Mapo-gu Seoul Metropolitan Government 50-1 letter to the Mapo-do 50-1 letter, one of the two-lanes into the Mapo-si Station, while driving it from the intersection of the Mapo-dong 50-1 letter, and the victim D (Nam, 40 years old) who stops in the traffic signal at the front of the Defendant’s car, suffered injury, such as light salt, etc. requiring the victim to receive approximately two weeks of treatment.

As a result, the defendant was driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing the injury of people.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, actual condition investigation report, and traffic accident occurrence report;

1. A written report from an employee of an employer;

1. Application of Acts and subordinate statutes on investigation reporting;

1. 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, applicable to the crime and the selection of a sentence (or respectively imprisonment with labor);

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 (Incompetence and deposit, and consideration of the fact in the previous case);

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