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(영문) 서울북부지방법원 2013.10.31 2013고단1727
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 15, 2013, at around 23:20, the Defendant driven Cbea car while under the influence of alcohol content of about 0.160% at the section of approximately 200 meters from the 23:25th day from the home flusing parking lot located in Dobong-gu Seoul Metropolitan Government, Dobong-gu, Seoul, to the front road.

2. The defendant is a person engaged in driving a Cbendor car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

On June 15, 2013, the Defendant was under the influence of alcohol with 0.160% of blood alcohol concentration around 23:25 on June 15, 2013, and became under the influence of alcohol, according to one-lane of the home flussium front of the Home flusium in Dobong-gu Seoul Metropolitan Government Home flusium, the Defendant was waiting for a signal while driving at the seat of the provincial juvenile reading room to the Dowing Fire Fighting

The Defendant, while putting a red light on the face and snow, smelled a smell, snicking a little rain, and driving a motor vehicle normally in difficult conditions due to influence of drinking such as drinking, by negligence, led the victim D (33 years of age) who stops in the front side of the motor vehicle in the signal line from the front side of the motor vehicle to the signal line, and suffered an injury to the victim by taking the rear driver of the motor vehicle in front of the motor vehicle, and suffered an injury by the victim for about two weeks of the need for medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement on the occurrence of D traffic accidents;

1. The circumstantial statement of the employee;

1. A report on detection of a host driver;

1. A report on traffic accidents and a report on actual condition;

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 applicable to the crime, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

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

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

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

1. An order to attend a course under Article 62-2 of the Criminal Act was driven in full, but the error is depthed;

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