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(영문) 부산지방법원 동부지원 2016.09.21 2016고단469

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 5, 2016, the Defendant is a person driving Cran-do car. On January 23:30, 2016, the Defendant driven the said car under the influence of alcohol level of 0.130%, and started from the vicinity of the Sinsan-dong located in Busan Metropolitan City, which is located in the Gunsan-dong, and operated approximately 8 km from the southwest-do intersection to the Gyeongnam-do Intersection, along the five-lane in front of the Namnam-dong, the Defendant passed the intersection from the south-do intersection to the Gyeongnam-do University At the intersection of Busan Metropolitan City, and entered the intersection at the one-lane.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a report on the detection of a driver in charge of the primary business, investigation report (verification of a black stuff image), and to capture CCTV images;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture or Article 62-2 of the Social Service Order is an unfavorable circumstance where the crime of this case is committed by drinking driving, and the nature of the crime is not good, the Defendant’s primary taking of the crime is not easy, and the Defendant has a criminal record of the same kind.

However, it is favorable for the defendant to recognize the facts charged and seriously reflect it.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.

[Sentencing Criteria] - The portion of innocence that is not set on the sentencing criteria

1. On January 5, 2016, the Defendant is a person driving Cchip car. On January 5, 2016, the Defendant driving the said car while under the influence of alcohol level of 0.130% among blood transfusions, and passes through the intersection from the south-do intersection to the Gyeong-do intersection of Busan Metropolitan City by driving the said car at the level of alcohol level of 0.130%.