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(영문) 의정부지방법원 2013.05.14 2013고단738
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 of the final judgment.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving CSP car. On January 7, 2013, at around 06:10, the Defendant was under the influence of alcohol concentration of 0.243%, and it is difficult to drive the car normally, but the Defendant was driving the said SP car on the two-lanes of 604-4, Jyang-si, Namyang-si, Namyang-si, the two-lane at the port of Seoyang-do, in Seoul, while driving the said SPP car on the two-lanes of the two-lanes, he did not see the electric seat, and changed the steering gear into one-lane by erroneously operating the steering gear at the port of Seoul, and caused the Defendant’s injury to the victim D (China nationality, Skin, 47 years old) who was driving at the front right-hand side of the driver’s left-hand car, and caused the Defendant’s injury to the victim during the two-day period.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident report, a survey report on actual condition, a circumstantial report on a host driver, each request for appraisal, and a report on detection of a host driver (assign 94 pages of investigation records);

1. On-site photographs, vehicle photographs, and on-site photographs;

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 concerning the crime and 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 (the point of sound driving and the choice of imprisonment);

1. Aggravation of concurrent crimes within the scope of the sum of the long-term punishments of the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, of which the punishment is heavier, and Articles 38 (1) 2 and 50 of the Criminal Act from among concurrent crimes: Provided, That the lowest sentence shall be the case determined by the crime of violation of the Road Traffic Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Social service order under the Criminal Act;

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