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(영문) 부산지방법원 2014.11.24 2014고단7144
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

1. Around August 4, 2014, the Defendant: (a) while driving a new Vietnam or a car, the Defendant was unable to drive normally due to the influence of drinking, such as the influence of alcohol, with a red, sticking, and failing to walk, etc., while driving a road near the urban Highway, which is located in the Si Highway, of Busan, on the port side, in a state that it is difficult to drive normally, due to the influence of alcohol, while driving the road near the Si Highway, which is located in the Si Highway, of Suwon-gu, Busan, on the front side of the road, and was negligent in driving at the front side of the road, and caused the victim C (ma, 32 years old) (the victim C (the victim) (the victim), who stops immediately from the front side of the vehicle in the front side of the Defendant’s direction, to receive the rear side part of the D high-speed car in need of treatment for about two weeks, and caused the victim C to suffer the damage of the vehicle in need of treatment for about three to three to three to four weeks.

2. The Defendant driven the said new beer or car while under influence of 0.160% alcohol level at the same time and at the same place as that set forth in the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Traffic accident reports, traffic accident reports, accident occurrence reports, accident accident reports, accident reports on driving drivers, reports on the statement of the situation of the driver, investigation reports, investigation reports and photographs of the vehicle under investigation;

1. Application of Acts and subordinate statutes of each written diagnosis;

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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is against the defendant, the vehicle of this case is covered by the automobile comprehensive insurance, and the defendant exceeds the fine.

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