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(영문) 부산지방법원 동부지원 2019.07.10 2018고단1064
도로교통법위반(음주운전)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 14:20 on May 6, 2018, the Defendant was under the influence of alcohol at a level of 0.135% on blood alcohol level, and the Defendant driven a D-wing truck at a level of about 20km from the waste treatment place located in the Song-dong, Busan Shipping Daegu, to the Cmate-ro located in Busan, Suwon-gu B.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driving the said cargo vehicle as of May 14:20, 2018 and driving it in the direction of Cmate in the direction of Cmate-gu, Busan, from May 2, 2018 to the direction of Cmate-gu, the blood alcohol level of 0.135%. While driving the said cargo is extremely large, it is difficult to drive the vehicle normally due to the influence of drinking, such as the narrow distance, while driving the said cargo, while neglecting the front-down, and neglecting the steering system and the operation of the steering system, the Defendant suffered injury, such as salt, tension, etc., by driving the victim E (37 years old) in front of the said cargo vehicle and driving it in the direction of Cmate-gu, which requires approximately two weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of each traffic accident;

1. The circumstantial statement of the employee;

1. A written appraisal of blood alcohol;

1. Reports on traffic accidents (1, 2);

1. A medical certificate;

1. Application of Acts and subordinate statutes to investigation reports;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 15981, Dec. 18, 2018); Articles 148-2(2)2 and 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Articles 148-2(2)2 and 44(1) of the former Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 16037, Dec. 24, 20

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act [the former part of the Act on the Aggravated Punishment, etc. of Specific Crimes (the crime causing bodily injury resulting from dangerous driving)]

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