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(영문) 부산지방법원 2017.02.09 2016고단7541
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of Bchip motor vehicles.

On October 11, 2016, the Defendant driven the above vehicle under the influence of drinking, such as red and non-road 0.129% of alcohol level among blood transfusions, while making it difficult to drive the vehicle normally due to the influence of drinking, and subsequently driving the vehicle at a speed of about 30 km in speed from the chill of the tunnel to the chill of the high-priced bridge through the Busan Jin-gu, Busan, through a two-lane road inside the soundproof tunnel, located in the east-gu, Busan, Busan, at a speed of 20km from the chill of the tunnel, the Defendant neglected to drive the vehicle at a speed of about 30 km from the chill of the tunnel and failed to accurately operate the brake system at a speed of 0 km, and the part of the victim C (Seoul, 46 years old) (hereinafter referred to as the “victim”) who was driving the vehicle at the speed of the above 2nd d motor vehicle at the speed of the victim.

Defendant 1 suffered, respectively, the victim E, the victim G (T, 60 o), the passenger of the said rocketing passenger car, and H (V, 29 o) for approximately two weeks of medical treatment due to the foregoing traffic accident, including the clocks and tensions, which require approximately three weeks of medical treatment to the victim C, and the closure of the clocks in need of medical treatment to the victim I for about three weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A traffic accident report (survey report) and a report on the detection of a primary driver (35 times a month);

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

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) 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 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of each sentence of imprisonment;

4. Aggravation of concurrent crimes.

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