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(영문) 서울남부지방법원 2014.05.22 2014고단1082
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

except 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

The defendant is a person who is engaged in driving a BS5 car.

On February 10, 2014, at around 23:40, the Defendant was under the influence of alcohol with 0.192% of alcohol concentration. On February 10, 2014, the Defendant driving the said car, and driving the two-lane road in front of the Seoul Yeongdeungpo-gu Yangporo 21-ro, Yeongdeungpo-gu, Seoul, along the one-lane road as the street outflow.

The Defendant did not see a vehicle stop signal in a situation where normal driving is difficult due to such influence of drinking as above and was straight ahead at the front direction of the Defendant’s driving, and received the rear pandeer of the Drash vehicle driven by the victim C(the age of 27) who was in the front direction by the vehicle stop signal at the direction of the Defendant’s driving. The above Drash vehicle was driven by the victim E(the age of 34) who was pushed by the shock and stopped at the front of the Drash vehicle, and was driven by the victim E(the age of 34) who was driven by the victim E(the age of 39) who was under the influence of the vehicle stop at the front of the driver’s driving. The above Arash vehicle was driven by the victim G(the age of 41) of the victim H(the age of 41) who was under the influence of the passenger.

As a result, the Defendant suffered from the victim C with respect to the scopical scopical scopical scopical scopical scopical scopical scopical scopical scopical scopical scopical scopical scopical scopical scopical scopical scopical scopical scopical scopa

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of E, H and G preparation;

1. A traffic accident report;

1. The circumstantial statement of the employee;

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) 2 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;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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