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(영문) 부산지방법원 동부지원 2016.02.01 2015고단1589
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six 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

[criminal history] On December 27, 2010, the Defendant was sentenced to a fine of two million won for a violation of road traffic law in the Busan District Court's Dong Branch's branch branch branch's of the Busan District Court, a fine of four million won for the same crime in the same court on January 19, 201, and a fine of four million won for the same crime in the Busan District Court on May 30, 201.

[Criminal facts] The Defendant is a person who is engaged in driving a low-income vehicle in Ireland.

On July 1, 2015, the Defendant driven the above vehicle under the influence of 0.117% of alcohol concentration among blood transfusions on July 1, 2015, and driven the three-lane paths in the direction of the KBS broadcasting station in the direction of the KBS broadcasting station in the direction of the horizontal intersection.

The Defendant, due to the influence of alcohol, was unable to drive a taxi at the front time or in a situation where normal operation is difficult due to the operation time of steering the steering gear, etc. or the control of the force thereof, while driving the taxi in a sudden fashion while neglecting the front time while under the influence of alcohol. As such, the Defendant, while driving the taxi at the front time, was negligent in neglecting the front time while driving the taxi while under the influence of alcohol, and caused the Defendant to inflict an injury on the victim, such as flashion, tension, tension, etc. in need of approximately two weeks of treatment on the front day of the Defendant vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A traffic accident report (1, 2);

1. A report on the detection of a primary driver;

1. A medical certificate;

1. Criminal records: Application of the results of inquiry and the Acts and subordinate statutes for investigation reports (report on the binding of copies of summary orders);

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 (1) 1 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

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

1. Articles 53 and 55(1) of the Criminal Act for mitigation of amount;

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