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(영문) 부산지방법원 서부지원 2019.11.28 2018고단2492
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

Reasons

Punishment of the crime

On July 3, 2018, at around 23:57, the Defendant driven a B K7 car with a blood alcohol level of 0.160%, and came to proceed from the entrance of the apartment to the parking lot from the entrance of the apartment at the entrance of the apartment at Busan City.

A person engaged in driving of a motor vehicle shall not drive a motor vehicle under the influence of alcohol, and since he/she was at night and under the influence of a motor vehicle, he/she had a duty of care to take care of the front and rear left well and prevent the accident in advance by properly manipulating the steering gear.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving a vehicle in the state of low judgment and net power, and due to the negligence of driving a vehicle in front of the Defendant’s running direction, the Defendant received the part behind the victim’s car driving seat in front of the Defendant’s driving seat in the EK5 corporate taxi in front of the Defendant’s driving direction, and suffered injury, such as chills and tensions, which require approximately two weeks of medical treatment from the victim D and the f (age 46).

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. A written statement on the occurrence of traffic accidents;

1. Traffic accident reports, report on the circumstances of a driving driver, investigation reports, measurement of drinking, vehicle photographs, and written diagnosis;

1. Previous convictions in judgment: Inquiries and inquiries, and the application of Acts and subordinate statutes of the same type of investigation report;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 148-2 (2) 2 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (mutual crimes against the violation of the Act on the Aggravated Punishment, etc. of Specific 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.

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