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(영문) 부산지방법원 2013.09.11 2013고단906
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 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 a C Tran vehicle.

On December 27, 2012, the Defendant, without obtaining a driver's license at around 01:00 on December 27, 2012, when it is difficult to drive the said car normally due to the influence of alcohol by 0.211% of the blood alcohol concentration, was driving the said car along the two-lane road in front of the point at the KBB National Bank Spandong-dong, Busan, along the one-lane from the intersection to the Western market.

At the time, there was a duty of care to reduce speed and prevent accidents in advance by driving safely by safely examining the front side of the vehicle on the ground that the vehicle was parked in the E Kaman car which is driven by D at night and at the same time on the two-lanes in the front side.

Nevertheless, under the influence of alcohol, the Defendant was negligent in neglecting it and received the back part of the damaged vehicle with the upper right side of the passenger vehicle.

Ultimately, the Defendant suffered injury to the victim F by occupational negligence, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. A traffic accident report;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Photographs of damaged vehicles;

1. A medical certificate;

1. Application of Acts and subordinate statutes of written confirmation;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act (the point of a sound driving) and subparagraphs 1 and 43 of Article 152 of the Road Traffic Act concerning the crime;

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 (i.e., confession and reflect);

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

1. The community service order and the like;

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