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(영문) 서울북부지방법원 2016.07.05 2016고단1573
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of 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 the duty to drive a bus in B, Lebaland.

On December 26, 2015, the Defendant was able to drive a motor vehicle normally under the influence of alcohol content of 0.204% in blood at around 23:18, while driving the said motor vehicle, and driving the said motor vehicle at a speed of about 50 kilometers per hour in the direction of air defense in the direction of air defense in the direction of the winter, and driving the motor vehicle at a speed of about 50 kilometers per hour in the direction of air defense in the direction of the winter. However, the Defendant neglected to drive the motor vehicle under the influence of alcohol, and the Defendant was negligent in driving the motor vehicle beyond the central line, thereby resulting in the Defendant’s failure to drive the motor vehicle at a speed of about 43 meters in front of the left-hand of the passenger-hand end of the Ebitra XG driving in this part, thereby causing damage to the victim, which requires about 2 week treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D and F;

1. A traffic accident report;

1. A medical certificate;

1. Reports on the detection of drivers of each State, response to requests for appraisal, investigation reports (applicable with the aforementioned marks), application of statutes and statutes;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime (selected of imprisonment with prison labor) of the relevant Act;

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. Consideration, such as the scope of recommendations according to the sentencing guidelines for traffic crimes with reason of sentencing under Article 62 (1) of the Criminal Act and the criteria for suspension of execution, the defendant's previous convictions for the same kind of crime, the vehicle driven by the defendant is covered by a comprehensive insurance and the victim does not want the punishment of the defendant separately by agreement with the victim;

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