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(영문) 서울남부지방법원 2014.08.14 2014고단1885
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

1. From around 19:00 on April 2, 2014, the Defendant violated the Road Traffic Act, at approximately 300 meters away from the vicinity of the shooting distance in the Yeongdeungpo-gu Seoul Metropolitan City Do Forest to the 349-ro, Yeongdeungpo-gu Do Forest, Yeongdeungpo-gu, Seoul, the Defendant driven the volume of the vehicle while under the influence of alcohol by 0.205% of the blood alcohol concentration.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by DBA) operated the said car at the time and time set forth in Paragraph 1, and continued to drive the said car on the road 349 adjacent to the above Do road from the Do road surface to the Do road surface. The Defendant neglected the face as described in Paragraph 1, while being drunk to the Do road to the extent that the Do road is divided into two sides, and neglected the Do road at the Do road, and was driven by the victim C(36 years of age) who was parked in a stop signal at the front bank. The Defendant continued to get the back of the Do road operated by the victim E(42 years of age) who was driven by the said Do road at the front bank.

Ultimately, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury, such as light fluoral salt, which requires a three-day medical treatment, to the above C, and light fluoral salt, which requires two-day medical treatment to the above E, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C, E, and G preparation;

1. The actual condition survey report;

1. A report on the actual state of the driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 148-2 (2) 1 and Article 44 (1) of the relevant Act on the Aggravated Punishment, etc. of Specific Crimes; Article 5-1 of the Act on the Aggravated Punishment, etc. of Specific Crimes;

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55(1) of the Criminal Act for discretionary mitigation;

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