beta
(영문) 부산지방법원 2019.03.26 2019고단279

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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

On December 8, 2018, at around 23:05, the Defendant driven a blood alcohol level of 0.168%, and proceeded two-lanes from the fourth-lane in front of Busan Jin-gu C to the right side of the road in writing. As above, the Defendant neglected to perform the duty of the front-time watch in the city of Busan, and received the parts adjacent to the left side of the victim’s E-car in the instant car due to the negligence on duty, which changed the vehicle line, due to the negligence on duty.

As a result, the Defendant driven the said car in a state where normal driving is difficult due to influence of alcohol, and caused the victim to suffer injury, such as salt, tension, etc. of the bones of wood that requires medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on traffic accidents, reports on the circumstances of the driver-employed drivers, and reports on the circumstances of the driver-employed driving;

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

1. Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 15981, Dec. 18, 2018) - Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act

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

1. It is so decided as per Disposition in consideration of the following: (a) agreement with the victim on the reason of sentencing under Article 62(1) of the Criminal Act; (b) reflects his mistake; (c) motive and circumstance of the crime; and (d) degree of damage.