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(영문) 부산지방법원 동부지원 2015.10.21 2015고단1351

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 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 July 9, 2015, the Defendant driven the said car under the influence of alcohol level of 0.214% on blood alcohol level on July 9, 2015, and led to a two-lane road in the remote distance of Suwon-gu, Suwon-gu, Busan, to the direction of the intersection between South and North Korea from the direction of the east-gu.

In such cases, there was a duty of care to prevent accidents in advance, such as regulating steering and brakes, etc. in a person engaged in driving of a motor vehicle well at the front time.

Nevertheless, the Defendant neglected to drive under the influence of such drinking as above and proceeded as it is, due to the negligence of the Defendant’s failure, while driving in a normal state, and was driven by the victim C(the age of 45) who was stopping at the right place to the signal signal at the right place. The lower part of the DK5 car was driven by the Defendant.

Ultimately, the Defendant suffered, by negligence in the above occupational negligence, the injury of fluoral salt, etc. in need of treatment for about three weeks, and the injury of fluoral salt, etc. in need of treatment for about ten days to E (the 46 years of age) who is a passenger of the damaged passenger car, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes governing requests for appraisal;

1. Relevant provisions of Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning the crime, and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to a dangerous driving);

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

1. Selection of each sentence of imprisonment;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the crime of this case is not good and that the blood alcohol concentration is considerably high.