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(영문) 서울동부지방법원 2013.10.02 2013고단1420
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 of the final judgment.

Reasons

Punishment of the crime

1. Around 00:10 on May 25, 2013, the Defendant driven a motor vehicle from Seongdong-gu Seoul, Seongdong-gu, Seoul, with a blood alcohol concentration of about 0.221% while under the influence of alcohol without obtaining a driver’s license, at around 00:15 on the same day from the front day of the road in front of the road on the road at the fest of Seongdong-gu, Seongdong-gu, Seoul, to the 19-54 front day.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was driven under the influence of alcohol at the same time and place

The Defendant: (a) set the front side and drive the vehicle with a safe distance from the front side; (b) however, the Defendant, due to the influence of alcohol, driven the said vehicle at his own discretion to the Hanyang University Hospital Hospital, followed the back-winger of G-si driven by the victim F(45 years of age) of the signal waiting in order to drive the vehicle to the Hanyang University Hospital.

As above, the Defendant, while driving the said car in a state where normal driving is difficult due to influence of drinking, suffered from the injury of the victim F, such as salt, tension, etc. in need of treatment for about two weeks, and the victim H (V) suffered from the injury, such as salt, tension, etc. in the trend requiring approximately three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of F and H;

1. A traffic accident report;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

1. Articles 40 and 50 of the Criminal Act (trades between the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act));

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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