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(영문) 부산지방법원 동부지원 2018.05.16 2018고단494
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On March 17, 2015, the defendant was sentenced to a fine of seven million won for a crime of violating the Road Traffic Act at the Busan District Court on March 17, 2015, and the records of the same crime are more than twice.

1. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving) driven a motor vehicle B with B low-speed as a duty on March 18, 2018 and led the Defendant to drive the motor vehicle in the direction of the United Nations cross-section in the direction of the distance between the two-lanes of the village bus stops in the south-gu Busan Metropolitan City and the distance between the two-lanes in front of the village bus stops in the south-gu of Busan Metropolitan City.

In such a case, while driving a vehicle as well as driving a vehicle in a situation where normal operation is difficult due to influence of alcohol, it was prohibited to drive the vehicle, while under the influence of alcohol, while driving the said vehicle while under the influence of 0.202% of alcohol level, and temporarily stopping the vehicle at the front intersection of the victim C (67 ) who temporarily stops under the head of the vehicle stop at the front intersection of the vehicle, the part of the victim's last back of the said vehicle under the influence of the driver's license was able to receive the victim with the part of the driver's last in front of the said vehicle for two weeks.

2. On March 18, 2018, the Defendant was under the influence of alcohol level of 0.202% in blood without a driver’s license on March 20, 2018, the Defendant driven a 2km car from the lower end of the intersection of the village bus stop of a middle school located in the south-gu Busan Maambro-dong, Busan Mabro-dong to the front end of the bus stop of the village bus stop of the middle school located in the south-gu, Busan Mabro-dong without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A report on traffic accident, a survey report on actual condition, a report on detection of a primary driver, and the register of driver's licenses;

1. A medical certificate;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (a point of causing bodily injury to a dangerous driving), Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (a point of driving under influence of alcohol), and Article 154 of the same Act concerning the crime.

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