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(영문) 부산지방법원 2014.05.26 2014고단1312
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

except that 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 who is engaged in driving CK5 cars.

On January 10, 2014, at around 22:20, the Defendant driven the said car with a blood alcohol concentration of 0.148% 0.14%, and the Defendant was driving the said car on the road of the second line of the 32th Do Do Do Do Do 2 in front of the Busan dong-gu Busan dong-gu, Busan dong-gu, toward the view of the right-free market at a remote speed from the chilling distance, and was driving on the two-lane speed along the two-lanes, the Defendant calculated the head of the victim D (17 years of age) where the said street trees transferred before the said veterinary hospital was walking.

In the end, the Defendant, while driving the said vehicle in a state where it is difficult to drive the vehicle normally due to the influence of drinking such as walking with an inaccurate and inaccurate and big distance, suffered injury, such as damage of the second straw, which requires about five weeks of treatment, by driving the said vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A fact-finding report, a traffic accident occurrence report, a fact-finding driving report, a fact-finding driver's status statement report, a traffic accident-related photograph, and a traffic accident-related black screen;

1. Application of Acts and subordinate statutes of a medical certificate;

1. The applicable Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and the choice of imprisonment with prison labor, respectively;

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

1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (i.e., the vehicle in this case is covered by the comprehensive motor vehicle insurance, the agreement with the victim, and the defendant has no criminal records, etc.);

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