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(영문) 서울동부지방법원 2013.03.27 2013고단296
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving the B-learning passenger car.

On January 14, 2013, at around 10:05, the Defendant driven the said car while under the influence of alcohol of 0.121% with a blood alcohol concentration of 0.121%. On January 14, 2013, the Defendant driven the road front of the Seongdong-gu Seoul Seongdong Industrial Complex 294, Seongdong-gu, Seoul, along the direction from the parallel side to the king.

As seen above, the Defendant suffered injury, such as climatic salt, etc., in need of two weeks of medical treatment, by taking the part of the right side side of the DDam Cargo driven by the victim C (the age of 56) who was driving at the right side of the pertinent car due to negligence on duty and did not accurately operate the brake system in a situation where it is difficult for the Defendant to drive due to influence of drinking, and by taking the back side side side of the Drack truck operated by the victim C (the age of 56) at the right side of the said vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. A supplementary statement of C;

1. Traffic accident report, report on the state of his driving, report on the state of his standing, and the place of drinking measurement, and photograph;

1. A medical certificate;

1. Application of the written estimate statutes;

1. Article applicable to criminal facts;

(a) Injury caused by dangerous driving: Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes;

(b) point of a drunk driving: Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act;

1. Selection of each sentence of imprisonment;

1. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravated Punishment, etc. of Specific Crimes, etc. of which the punishment is heavier than that provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes: Provided, That it shall be increased within the scope of the sum of the length of two crimes, but the lower limit shall be determined by

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the instant accident occurred while the Defendant was under the influence of alcohol, and is disadvantageous to the Defendant.

However, the defendant's mistake is divided.

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