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(영문) 서울북부지방법원 2014.12.18 2014고단3779
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

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

1. A summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act at the Suwon District Court on October 17, 2008; a summary order of KRW 1,00,00 as a fine for a violation of the Road Traffic Act; a summary order of KRW 1,00,00 as a fine for a violation of the Road Traffic Act at the Sungwon District Court’s Seongbuk branch on September 4, 2009; and a summary order of KRW 3,00,000 as a fine for a violation of the Road Traffic Act (driving) is issued on July 8, 201 at the Ansan Branch Branch of Suwon District Court on July 8, 201.

5. Around 02:51, a person driving Bho-do motor vehicle while under the influence of 0.132% of the blood alcohol concentration of about 5m in front of the Grand River located in Jung-gu, Seoul, the west-gu, 95-ro 9, without a driver's license.

2. Around 02:51 on August 5, 2014, the Defendant: (a) driven a vehicle as stated in the above paragraph (1) as a business; and (b) carried the road as stipulated in the above paragraph (1) from the bank room to the upstream of the upstream; and (c) caused the victim C (19 years of age) who was walking prior to his/her failure to drive normally due to the influence of drinking, due to the negligence that he/she neglected to drive while driving normally from the bank room to the upstream; and (d) caused the victim to the right side of the said vehicle on the right side of the treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident report;

1. A report on the actual status of a host driver;

1. A certified copy of medical records;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (1) 1 of the Road Traffic Act, Article 44 (1) of the Road Traffic Act (the point of a sound driving) and subparagraphs 1 of Article 152 and Article 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the crimes of violation of the Road Traffic Act and the violation of the Road Traffic Act (the mutual crimes and punishment between the crimes of driving without a license) shall be more severe;

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