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(영문) 서울서부지방법원 2013.06.13 2013고단859
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 became final and conclusive.

Reasons

Punishment of the crime

1. Around March 21, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) committed an act of neglecting the duty of care to safely drive and prevent the accident while driving the ebbbb in the middle of Seodaemun-gu, Seoul at the search station, while driving a B Ebp Motor Vehicle under the influence of alcohol concentration of 0.201% due to the influence of alcohol, and driving the ebbbb in the direction of the Defendant on March 12, 2013, while driving the ebbbbbb in the direction of the Defendant, the Defendant received the back part of the said ebbb in the front part of the Defendant’s vehicle and sustained the injury of the victim for about two weeks, such as the ebbrance and the ebrance for two weeks, due to negligence, while neglecting the duty of care to prevent the accident.

2. The Defendant violated the Road Traffic Act (driving a sound driving) from the date and time set forth in the preceding paragraph to the roads located on the Gangseo-gu Goyang-gu Goyang-gu Goyang-dong 238, Seongdong-gu, Seoul, the Defendant driven B MT car under the influence of alcohol with a blood alcohol concentration of about 0.201% from the 4km section to the roads in front of about 238 U.S., Eunpyeong-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement related to a traffic accident;

1. A traffic accident occurrence report and an accident report filed against an employer;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act and the choice of imprisonment for a crime;

1. From among concurrent crimes, Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment shall be imposed on concurrent crimes within the scope of adding up the long-term punishments of each crime for the death or injury resulting from dangerous driving).

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