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(영문) 부산지방법원 동부지원 2016.01.20 2015고단2332
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person engaging in driving a vehicle BM5 vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk)

On September 26, 2015, the Defendant driven the said car with a alcohol level of 0.137% in around 16:00, while under the influence of alcohol, and went to the direction opposite to the Defendant, while driving the said car in front of the instant car in the south-gu Maambamb in Busan, at the east Tri-distance Zone, with the home-plpler gate, from the east-gu side of the east Tri-gu to the home-plpler gate in the direction of opposite direction.

Since there is a center line with two yellow solid lines, it is possible to do so, and the defendant cannot do so. However, the defendant was found to have a part of the victim C(48 tax) driver's driving ahead of the DMF7 car driven by the victim C(48 tax) driver's driving, driving on one lane from the home plug to the same three-lane-distance flooding side from the center line under the influence of alcohol, and the defendant was in front of the right side of the driver's driving of the defendant.

As a result, the Defendant suffered injury such as brain-dead, etc. for about two weeks of medical treatment by negligence in the course of driving a car in a situation where normal driving is difficult due to influence of drinking.

2. The Defendant violated the Road Traffic Act (drinking driving) driven the SM5 car as stated in paragraph 1 in the state of alcohol level of 0.137% in blood at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

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

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

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. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant repeatedly commits the instant crime even though he/she had the record of driving alcohol at multiple times.

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