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(영문) 부산지방법원 2016.07.15 2016고단1141

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for one year.

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 January 14, 2013, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court Msan Branch branch on January 14, 2013. On July 9, 2013, the Defendant was issued a summary order of KRW 2 million for the same crime by the same court.

The Defendant is a person who is engaged in the operation of the Lone Star Co., Ltd.

On January 17, 2016, the Defendant, without obtaining a driver’s license at around 06:00, driven the above marb in a state where normal driving is difficult due to the influence of drinking while under the influence of alcohol, and driving the above marb in the direction of the driver’s license at around 0.138%, and driving two lanes among the two-lane roads in the direction of Busan, the Defendant was on the part of the right-hand part of the G marb in the front of the above marbb in the direction of the city, where the two-lanes of the two-lane road in the direction of the city from the marban-dong bank to the intersection of the city at the speed of about 60 km, due to occupational negligence, such as failure in the front of the week.

As a result, the Defendant suffered injury to the victim H (V, 26 years of age) who was on the top of the front line of the Defendant’s driver’s operation, which requires approximately 12 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A statement of occurrence of a traffic accident prepared by the F;

1. Reporting of a traffic accident (1) (2);

1. On-site photographs;

1. Inquiries about the results of crackdown on drinking driving;

1. A medical certificate;

1. The driver's license ledger;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, and a copy of each summary order;

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 (2) 1, Article 44 (1) (a point of drinking), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning the crime;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.