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(영문) 서울동부지방법원 2015.10.07 2015고단1975
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal power] On July 11, 2013, the Defendant was sentenced to a fine of five million won due to a violation of the Road Traffic Act (driving) in the Ansan Branch of the Suwon District Court on July 11, 2013, and a fine of three million won due to a violation of the Road Traffic Act (driving) in the Goyang Branch of the Jung-gu District Court on July 12, 2013, and on June 11, 2014, the Defendant was sentenced to a suspended sentence of two years due to a violation of the Road Traffic Act (driving) at the Dongdaemun Branch of the Seoul East District Court on June 11, 2014, and is still under the suspended sentence.

【Criminal Facts】

The defendant was punished twice or more as a crime of violating the Road Traffic Act.

On May 2, 2015, the Defendant driving a C Truck on May 2, 2015, and led to the driving of the road in front of the Newcheon Station in Songpa-gu Seoul, Songpa-gu, Seoul along the four-lanes of the 5-lanes of the 5-lane away from the comprehensive sports ground room.

However, although a person engaged in driving service is required to drive under normal conditions without being drunk, the Defendant is driving ahead of it while driving in a state where it is difficult to drive under normal conditions with a blood alcohol concentration of 0.173%.

The injured party D (75 years old)'s Efran-car of the victim D (75 years old)'s franchis suspended under the stop franchis caused the injured party and the victim F (n, 67 years old) who is the franchis in front of the above truck to suffer from the injury such as catum, tension, etc. for three weeks each.

Summary of Evidence

1. Partial statement of the defendant;

1. Written statements of D;

1. A response to an appraisal, such as a survey report on the actual condition, a report on the circumstantial statement of a drinking driver, etc.;

1. Each written diagnosis;

1. Previous records before ruling: Application of inquiry reports, such as criminal records, investigation reports (attaching a written judgment and confirmation of a fixed date);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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