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(영문) 서울중앙지방법원 2014.11.05 2014고단6789
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. On September 16, 2003, the Defendant issued a summary order of a fine of two million won or more for a violation of the Road Traffic Act at the Seoul Southern District Court on September 16, 2003, and two million won or more for the same crime from the Hongsung Branch of the Daejeon District Court on October 27, 2005.

On July 26, 2014, at around 01:40, the Defendant driven BMW car at the 1 kilometer of approximately 0.214% alcohol concentration from Samsungdong, Gangnam-gu, Seoul, to the 63 herororo 16th Ga, Gangnam-gu, Seoul, while under the influence of alcohol content 0.214%.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) suffered from each of the following injury: (a) the victim, who was driving the said vehicle on the street 63-lane 12 before the above ad hoc border; (b) while driving the said vehicle on the street 63-lane 12-day road due to influence of drinking, the Defendant took part of the Defendant’s driving at the right part of the driver’s vehicle of the Defendant’s vehicle, driving the Defendant’s vehicle at the front part of the driver’s vehicle at the central line, driving the vehicle at the front part of the driver’s seat; (c) the victim, who was driving the said vehicle at the above top of the vehicle, in need of approximately two-day medical treatment; (d) the victim E, who was taking part of the driver’s vehicle at the right part of the driver’s vehicle; and (e) the victim’s f., the victim’s f.e., the bones c., the bones f., which requires two-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of a traffic accident C;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. A traffic accident report;

1. Each written diagnosis;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant Act on the Punishment, etc. of Specific Crimes and Articles 148-2 (1) 1, and 44 (1) of the Road Traffic Act (the point of sound driving) and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing

1. The Commercial Concurrent Crimes Act.

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