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(영문) 서울서부지방법원 2014.04.01 2013고단3418
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

The Defendant is a driver of QM5 car.

On November 14, 2013, at around 23:50, the Defendant driven the above vehicle while under the influence of alcohol with 0.186% of alcohol concentration 0.186%, and driven the road located in the 143-dong, Mapo-gu, Seoul Metropolitan Government, along the three-lanes of the four-lane, from active service to the air dives of air dives.

Since there is an intersection in which signal apparatus is installed and at night, in such a case, the driver of the vehicle has a duty of care to safely operate the steering system and the steering system and the steering system.

Nevertheless, in order to make a left-hand turn due to the negligence of driving without neglecting these care in a state where normal driving is difficult due to influence of drinking, the Defendant received the back-hand part of the EKaren car of the victim D(38 years old) who is waiting for signal at one lane as the front-hand part of the above vehicle.

Accordingly, the victims suffered from the injury of the per week infections that require medical treatment of the victims D, and the injury of the victims FF (the age of 37) who was on board the car of the car of the car of the car of the car of the car of the car of the 37 years.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of each traffic accident of D or F;

1. A traffic accident report, a report on detection of a drinking driver, and a report on the circumstantial statement of a drinking driver;

1. Each vehicle photograph and each medical certificate;

1. Application of Acts and subordinate statutes of the Investigation Report (Application of Badmark);

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, as to the crime committed under the corresponding Act;

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

1. Selection of each sentence of imprisonment with prison labor;

1. Of concurrent crimes, violation of the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [the punishment shall be imposed for the maximum term of two crimes committed against the Act on the Aggravated Punishment, etc. of Specific Crimes with heavy penalty (the punishment shall be imposed for the crime resulting in death or injury on

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