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(영문) 부산지방법원 2018.10.02 2018고단3473
특정범죄가중처벌등에관한법률위반(위험운전치상)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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 30, 2018, the Defendant, as a driver of the vehicle in the B Eth Gu, driven the said vehicle under the influence of alcohol level of 0.226% at around 23:5 on June 30, 2018, and changed the vehicle from 6 lanes to 5 lanes in front of Busan, Busan, the Defendant received the back portion of the victim D's E-cab that changed from 5 lanes to 6 lanes in front of the Defendant's moving direction, and suffered the injury of the victim D's and D's passenger to the victim F, who did not have an open head in need of treatment for about 2 weeks.

Accordingly, the defendant was driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing the victims to be injured.

Summary of Evidence

1. Statement by the defendant in court;

1. Each traffic accident report of D or F;

1. A traffic accident report;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by the driving of each risk), Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (it shall be between the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the holding);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes [the lowest shall be determined by the lower limit of the punishment determined for a violation of the Road Traffic Act (driving), within the scope of the sum of the long-term punishments stipulated for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, of which punishment is heavier:

1. Articles 53 and 55(1)3 of the Criminal Act (the following conditions considered in favor of sentencing) of the mitigated amount;

1. Article 62(1) of the Criminal Act on the stay of execution (The following extenuating circumstances are considered in favor of the sentencing in mind):

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of punishment recommended according to the sentencing criteria;

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