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(영문) 서울북부지방법원 2016.03.17 2015고단4546
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 6, 2015, the Defendant driven a Bsch Rexton car with a alcohol content of 0.112% 0.12% in alcohol during blood, and had the Defendant drive E-cab in front of 347-1 square meters in front of the 347-1 square meter, Nowon-gu, Seoul Special Metropolitan City, a two-lane in front of the 7th-lane 347-1 square meters in the e-mail. The Defendant was negligent in performing duties under the influence of alcohol, while neglecting the duty of e-mail in front, while driving the victim C (42 years of age) who stops in front of the vehicle at the front section of the Defendant’s car, and caused the Defendant to drive the front part of the e-cab in front of that vehicle.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, resulting in the Defendant’s injury to the right side of abandonment, which requires approximately 10 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and F;

1. A survey report on actual condition and a report on the detection of a driver engaged in driving;

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 and Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the crime (Selection of imprisonment with prison labor, respectively);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Consideration of the scope of recommendations based on the sentencing guidelines for traffic crimes with the reasons of sentencing under Article 62-2 of the Criminal Act, the standards for suspension of execution, and the fact that the accused has a minor criminal record of a fine not exceeding several times except for the previous convictions of suspended execution in 1981

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