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(영문) 부산지방법원 2017.05.31 2016고단5084

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal record] On May 4, 2007, the defendant was sentenced to a summary order of 1.5 million won or more for a crime of violating the Road Traffic Act at the Busan District Court, on August 11, 2009, to a summary order of 3 million won or more for the same crime, etc. at the same court, respectively. On August 10, 2012, the defendant was sentenced to a suspended sentence of 8 months or more for the same crime, etc. at the same court, and on November 9, 2012, the defendant was sentenced to imprisonment for the same crime, etc.

[Criminal facts] The Defendant is a person engaged in driving a vehicle BM5 vehicle.

On March 13, 2016, the Defendant: (a) driven the said vehicle under the influence of drinking, such as a 0.117% alcohol concentration while under the influence of alcohol, without obtaining a driver’s license of a motor vehicle at around 19:45, the Defendant: (b) driven the said motor vehicle at a speed of 0.17%; (c) driven the said motor vehicle at the speed of 0.117%; (d) driven the said vehicle at the speed of the five-lane road adjacent to the U.S. located in the 3-dong-gu, Busan Metropolitan City, along the two-lane parallels from the 2-lane, to the inner intersection; and (d) driven the five-lane road at the speed from the 3-lane-gu, Busan Metropolitan City, along the two-lane crossing; and (e) was driven by the victim C (n, 35 years) waiting in the front of the said motor vehicle at the speed of the said SM5.

Defendant 1 suffered injury to the victim, such as cerebral rupe, which requires approximately three weeks of medical treatment due to the foregoing traffic accident.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. C’s traffic accident statement;

1. The actual investigation report on traffic accidents;

1. Statement of the circumstances of the driver involved in driving;

1. A medical certificate;

1. The driver's license ledger (the sequence 15 of evidence list);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment report, such as judgment, etc.);

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (a point of causing bodily injury to a dangerous driving), Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (a point of drinking), and Article 152 subparagraph 1 of the Road Traffic Act concerning the crime.