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(영문) 부산지방법원 동부지원 2017.03.29 2017고단104

특정범죄가중처벌등에관한법률위반(위험운전치상)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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 7, 2016, the Defendant is a person engaged in driving BM5 vehicle. On December 23:39, 2016, the Defendant driving the said SM5 vehicle under the influence of alcohol concentration of 0.120% during blood, and driving the said SM5 vehicle at a 0.120% level, and driving the three-lane prior to D in Busan Suwon-gu, Suwon-gu, U.S. at a non-speed speed depending on one lane from the coconcoin on the side of Suwon-gu, Suwon apartment.

At the time, the Defendant had a duty of care to prevent accidents by accurately manipulating the steering direction and brakes while driving the motor vehicle in a state where it is difficult to drive the motor vehicle normally, such as a string distance, due to drinking. In such a case, the driver of the motor vehicle had a duty of care to prevent accidents by accurately manipulating the steering direction and brakes while keeping the safety distance with the motor vehicle ahead.

Nevertheless, the Defendant neglected to drive a car under the influence of alcohol as above while driving it is difficult for the Defendant, as well as his negligence, caused the injury to the victim E (SM5) who was in the front of the said SM5 car, by taking back back the back portion of the F, lower typized passenger car driving in the present signal, and suffered from approximately two weeks of the above exclusive use right and the above high typical passenger car, thereby suffering from the injury, such as salt, tension, etc. in need of approximately two-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A E-document;

1. Application of Acts and subordinate statutes to the investigation report on the actual condition of a traffic accident, on-site photographs and vehicle photographs, the circumstantial statement report on the driver at the main place, investigation report (Submission of a medical certificate and written estimate);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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. 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. An order to attend a course, or an order;