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(영문) 부산지방법원 동부지원 2018.08.22 2018고단1255
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 May 31, 2018, while under the influence of alcohol of 0.18% during blood, the Defendant driven a three-way intersection with on-off-off-off-off-and-off-off-off-way paths in the south-gu of Busan as a business, while driving a c free-free motor vehicle at around 0.189% of alcohol during his/her blood, and proceeds from the direction of the open-distance in the direction of the open-distance, the Defendant seriously divided the horses into three-day intersections in the direction of the open-distance, so as to ensure that communication is good, and that it does not immediately walk the front-distance of the light and brakes so that it does not walk well well, and without properly operating the steering gear and brakes, the Defendant sustained three-day treatment for the victim D (In such cases, 48 years old) driving in front of the above rocketing motor vehicle, and sustained three-day treatment for the victim, such as the victim’s 3-day treatment during the off-line.

As such, the Defendant driven a motor vehicle in a state where it is difficult to drive the motor vehicle normally due to the influence of drinking, and sustained injury to the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A traffic accident report;

1. An accident scene photograph;

1. Efluoring a black stuffe image images;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

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;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (inter-Korean between the crimes in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving));

1. Selection of each sentence of imprisonment;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing of Article 62-2 of the Criminal Act (the scope of recommended punishment) is general, for the observation of protection and the order to provide community service and attend lectures.

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