beta
(영문) 부산지방법원 2018.08.22 2018고단2432

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

1. The defendant shall be punished by imprisonment with prison labor for six months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 27, 2018, the Defendant, while under the influence of 00:45 around 00:45 (in the indictment, it appears to be 01:10 in the indictment, but it appears to have been caused by mistake), driven a B B B B B B B B B B B B B B BP car under the influence of 0.161% of alcohol concentration, and was negligent in neglecting the front line of the 5-lane between the court located at 19 p.m. 243 p.m. in Busan, along with three-lanes of the court located at 243 p.m. as Busan, while driving the 5-lane road from the place of resignation to the intersection of Seodaemun-gu in the direction of the port of resignation. As such, the Defendant was able to take part of the victim C C(K) (31:5) driving a vehicle stopped at the front line pursuant to the traffic signals, and suffered an injury to the victim during the day when treatment for about two weeks.

As a result, the Defendant driven a motor vehicle under the influence of alcohol level of not less than 0.1% in blood, and caused the injury to the victim by driving the motor vehicle under the influence of alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

2. A traffic accident statement of C;

3. A traffic accident report (the actual survey report);

4. Statement on the circumstances of the driver involved in driving;

5. A copy of a medical certificate.

6. Application of each statute of photograph;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Driving under influence of alcohol: Article 148-2 (2) 2 of the Road Traffic Act (elections by imprisonment);

(b) Injury caused by dangerous driving: Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes;

2. Aggravation concurrent crimes within the scope of the sum of the upper part of Article 37, Article 38 (1) 2, and Article 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier, and the upper limit of the sentence for the crime of violation of the Road Traffic Act, which are stipulated in the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, shall be aggravated, but the lower limit shall be based on the lower limit of the sentence for the crime of violation of the Road Traffic Act;

3. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

4. Article 62 (1) of the Criminal Act on the suspension of execution.

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