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부산지방법원 2018.11.06 2018고단3813

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 23, 2015, the Defendant issued a summary order of KRW 7 million for a crime of violating the Road Traffic Act at the Busan District Court, and on December 11, 2012, the same court issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act.

The defendant is a person who is engaged in driving a vehicle in B.

On July 11, 2018, the Defendant driven the said car under the influence of alcohol level of 0.146% during blood transfusion at around 23:39, and parked from the front side of the Busan Suwon-gu C, and did not look well at the rear side, and the part of the victim’s E-M vehicle driven ahead of the victim’s E-M vehicle was shocked by the occupational negligence.

Ultimately, the Defendant, while driving a motor vehicle in a situation where normal driving is difficult due to the influence of drinking, caused the victim to suffer from the injury of the trend and the fluoral fluoral dye, requiring medical treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident statement of D;

1. A survey report on actual conditions of drivers, a report on actual conditions of drivers, an investigation report (related to a diagnosis report, a certificate of insurance coverage, and a traffic accident agreement);

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment - Article 5-11 (Selection of Imprisonment) of the Act on the Aggravated Punishment, etc. of Specific Crimes - Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of imprisonment with prison labor);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of amount of punishment (including the violation against his/her own misconduct and the absence of any history of criminal punishment exceeding a fine, etc.);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the grounds for reduction of the amount of punishment repeated);

1. An order to attend a course under Article 62-2 of the Criminal Act;