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(영문) 부산지방법원 서부지원 2018.10.02 2018고단1141

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

The Defendant is a person engaging in driving a car B.

On April 16, 2018, the Defendant, while under the influence of alcohol level of 0.206% among the blood transfusion around 09:49, proceeded with Busan Gangseo-gu Busan Metropolitan City's front side road toward the Dong Free Economic Zone.

At the time, the victim D(38 Do) was driving on the opposite side of the road at the time, and therefore, there was a duty of care to prevent the accident in advance by driving the vehicle safely and safely.

Nevertheless, the Defendant neglected this and failed to properly operate the brakes under the influence of drinking, due to the negligence that the Defendant was unable to properly operate the brakes due to the influence of drinking, caused the victim to be faced with a studle of the front part of the driver's freight vehicle in front of the victim's driver's vehicle and suffered approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each investigation report, each actual survey report and the circumstantial statement of the driver concerned;

1. A medical certificate;

1. Notification of the results of regulating drinking driving, and application of Acts and subordinate statutes to photographs on accident sites;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 148-2 of the Road Traffic Act and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the Selection of Punishment, etc.

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

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Scope of the recommended sentences according to the sentencing criteria;

(a) The case of driving under the aggravated Punishment, etc. of Specific Crimes in general traffic accidents in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, where the aggravated area (eight months to two years) (a person who has been specially increased) (a person who has been specially increased) is aggravated;

(b) The scope of modified recommendations: Imprisonment for not less than eight months (the sentencing criteria are not set;