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(영문) 부산지방법원 동부지원 2017.11.30 2017고단2252

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

1. On September 1, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) was under the influence of alcohol at around 04:20%, while under the influence of alcohol at around 04:22%, the Defendant driven a BM3 car while under the influence of alcohol, and was driving the car at the influence of 0.22% on the blood that it is difficult to drive in the normal condition, and was under the influence of the influence of alcohol, and was under the influence of driving the car at the vicinity of the TM3 car in the direction of the TM3-distance from the Tri-dong Tri-dong, Busan Metropolitan City, to the intersection of the Olympic Tri-do, and was under the influence of the victim, who was under the influence of treating the victim, such as the victim’s injury, during the treatment of the 3-day taxi with the influence of the victim, by failing to properly operate the steering and brake system accurately.

2. The Defendant, while under the influence of alcohol content of 0.22% during the influence of alcohol at the time of the day indicated in paragraph 1, driven the above SM3 car from the vicinity of the Busan Sea-Fashion, Busan Sea-Fashion, to the three-way distance at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report (1) (2) a survey report, a report on the detection of a primary driver, and a report on the circumstances of a primary driver;

1. Application of Acts and subordinate statutes to report internal investigation and medical certificates on damage to taxi passengers;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 1 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 each sentence of imprisonment;

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. Vehicles with the reason of sentencing under Article 62-2 of the Criminal Act for orders to provide community service and attend lectures.