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(영문) 부산지방법원 2013.04.23 2013고단182

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

However, 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 19, 2012, the Defendant, who is engaged in driving BM5 cars, driven the said car under the influence of alcohol level of 0.139% on December 19, 2012, while driving the said car, and driving the said car at a level of 0.139% on December 19, 2012, led the Defendant to drive the said car at a one-lane of the three-lanes in front of the Jinsan Lel apartment located in the Gandong-gu Busan Metropolitan City.

In the vicinity of the intersection, even though the D son car driven by the victim C(the age of 29) who is the preceding vehicle was a traffic signal, the defendant was under the influence of alcohol and was receiving the back part of the said C 5 car as the front part of the said SM5 car, and the above E(the age of 50) was under the influence of the vehicle, and the vehicle was pushed off annually, and was under the influence of the above E(the age of 50).

As a result, the Defendant, while under the influence of alcohol, was unable to drive the said SM5 vehicle while driving it for a certain period of three weeks, suffered from each injury, such as salt ties and tensions, etc., of the said strings, and the victim G (the 23 years old), who is a passenger of the said strings car, for six weeks of treatment, such as cage cage fage fage fages, etc., which require two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A report on detection of a host driver;

1. A written statement of C and H;

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, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, as to the crime committed under the corresponding Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Mutual Crimes against Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act shall be heavier;