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(영문) 서울남부지방법원 2016.09.22 2016고단2624
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 31, 2016, the Defendant was under the influence of 00:08, 0.161% of alcohol content during blood, and operated B rocketing car, and the two-lane roads of Hanyang Apartment-dong, Seoul, Yeongdeungpo-gu, Seoul, as one-lane long-distance long-distance long-distance long-distance long-distance long-distance long-distance long-distance long-distance long-distance long-distance long-distance. Thus, the Defendant was negligent in driving a motor vehicle under the duty of care to prevent accidents from occurring due to the influence of alcohol, while driving the motor vehicle under the influence of alcohol, while driving the motor vehicle at the front part of the above B rocketing or other car, and driving the motor vehicle at the south of the said 3 Haol-si (Seoul, 25) under the influence of the victim C (the 5 Haol-si), the victim C (the 5 Haol-si), the victim of the 5 Haol-si and the remaining 5 Haol-si (the 5 Haol).

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement and each explanatory note;

1. Application of the provisions of Acts and subordinate statutes governing the report of a traffic accident, the inspection report on drinking, the circumstantial statement of the driver of a vehicle driving, the written diagnosis, written estimate, the site, and the measurement of drinking;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and Article 5-2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the Selection of Punishment, etc., and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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