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(영문) 부산지방법원 동부지원 2013.03.27 2013고단425
도로교통법위반(음주운전)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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 01:45 on December 13, 2012, the Defendant violated the Road Traffic Act (driving) and driven a motor vehicle under the influence of alcohol of about 0.121% in a section of about 5km, where the Defendant was under the influence of alcohol of about 0.121% at the front of the road of the Sungho Hospital located in the Yong-dong, Nam-gu, Busan, for the same reason, located in the 2nd of the same Gu.

2. A person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) and engages in driving motor vehicles;

On December 13, 2012, the Defendant driven the above car at around 01:48, while driving the car, and driving the road in front of the 4th of the ebban-dong 2-dong in Busan Southern-gu in the direction of the hydrocheon-dong in the direction of the waterway, as stated in the above Paragraph 1., the Defendant was unable to drive the road properly while it is difficult to drive the road under the influence of normal operation, and the victim C (Nam, 68 years old) who stops in the air traffic signal at the front of the vehicle due to occupational negligence that did not operate the steering direction and operation system accurately, and caused the backline of the eban-car driving in the air traffic of the victim C (ma, 68 years old) who stops in the front of the vehicle, and received it as the front driver for the vehicle and received approximately two weeks of the ebanch scopic sect, etc. to the victim E (ma and 29 years old) of the damaged vehicle for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. C and E written statements;

1. A traffic accident report;

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

1. Article applicable to criminal facts;

(a) Injury caused by dangerous driving: Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes;

(b) point of a drunk driving: Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment provided for in the above Article 40 of the Act on the Aggravated Punishment, etc. of Specific Crimes against Victims who are more likely to violate the Act on the Aggravated Punishment, etc. of Specific Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act shall be heavier;

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