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(영문) 서울북부지방법원 2014.05.22 2014고단781
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

Reasons

Punishment of the crime

On February 24, 2014, at around 23:44, the Defendant: (a) driven a Fent-in car with a blood alcohol concentration of 0.244% without a driver’s license; (b) driven a car with three-lane road in front of the prudent oil station located in Dobong-gu Seoul, Dobong-gu, Seoul; and (c) driven a three-lane road in front of the water station located in Dobong-gu, Seoul, as the offset intersection, in accordance with the said one-lane road, while driving the said road into the offset intersection, the Defendant her Victim G (46 years of age) who is a police officer belonging to the Seoul Dobong-gu Seoul Metropolitan Police Station, who was under the influence of alcohol driving at the center of the said vehicle, was faced with the upper left-hand side of the said vehicle, and caused the injury of the victim, such as the right-hand part of the vehicle requiring approximately 12 weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. A traffic accident report;

1. Registers of driver's licenses;

1. The circumstantial statement of the employee;

1. Each report on investigation;

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 related to the crime, Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act (the point of a sound driving) and subparagraphs 1 and 43 of Article 152 of the Road Traffic Act concerning the crime;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act among the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act, and punishment provided for in the crimes of violation of the Road Traffic Act with heavier punishment;

1. Selection of each sentence of imprisonment;

1. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments of the crimes in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier, (within the scope of the sum of the crimes in the above two crimes): Provided, That the lowest sentence of the punishment shall be the punishment determined for the violation of the Road

1. The defendant under Articles 53 and 55(1)3 of the Criminal Code for discretionary mitigation reflects the confession of all of the crimes in this case.

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