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(영문) 부산지방법원 2017.05.19 2017고단1915
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. The Defendant is a person engaging in driving a vehicle B K5 in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On March 21, 2017, the Defendant driven the said car under the influence of alcohol content of 0.155% during blood transfusions on March 21, 2017, and led to a road of 1-lane in front of the Westdo 79, Busan-dong, Busan-dong, Busan-do, to proceed along one-lane from the side of the NC department department at the Gannam Industrial High School.

At the time, there is a night and a place where the center line of the yellow-line is installed, so there was a duty of care to ensure thorough operation of the driver in the front line and safe operation of the car line.

Nevertheless, the Defendant, while under the influence of alcohol, was unable to drive in a normal manner, was faced with the side of the victim C(59 years old) driving while driving in a part that is facing the negligence of the above center line, and was faced with the front part of the Defendant’s car.

Ultimately, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to the influence of drinking, and suffered from the victim’s dynasty in the ceiling in need of approximately two weeks of treatment.

2. Defendant 1 driven a B K5 vehicle under the influence of alcohol concentration of about 0.15% from the 3rd-ro, Busan-gu, Busan-do, to the point of the above accident at around 1.5km on the road traffic law.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of occurrence of a traffic accident prepared C;

1. A traffic accident report;

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers;

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 reason for sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes.

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