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(영문) 부산지방법원 2014.06.11 2014고단2057

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for six 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

1. On March 3, 2014, the Defendant: (a) while driving a Maz car at around 03:50 on March 3, 2014, the Defendant: (b) was unable to drive normally due to the influence of drinking, such as the influence of blood alcohol concentration of 0.132%; (c) while driving a Maz car at around the right side of the said car, the Defendant was able to drive normally due to the influence of drinking, such as leaving the glus, influsing, inaccurate, in an incorrect and inaccurate manner; and (d) was negligent in driving at the 5-lane from the 1st dong zone in Busan Metropolitan City, the Defendant was able to take the victim C (the 27-year-old) who was lying from the front side of the said car to the front side of the said car and caused the victim to suffer light scopic and lut fluoral flus

2. The Defendant driven a mast car while under the influence of alcohol with a blood alcohol level of 0.132% at the same time and at the same place as in the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. The survey report on the actual condition of traffic accidents, the report on the actual status of driving, the report on the actual status of driving, the report on the actions taken by a drinking driver, the report on the results of the crackdown on drinking;

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 related to the crime, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, the selection of imprisonment for a crime;

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

1. According to Article 62(1) of the Criminal Act of the suspended sentence, the sentence is to be imposed in the same way as the sentence, taking into account the following factors: (a) the degree of drinking of the defendant on the grounds of sentencing is not lower than the level of drinking of the defendant; (b) traffic accidents occur; (c

It is so decided as per Disposition for the above reasons.