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(영문) 부산지방법원 2014.06.11 2014고단1836
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

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. On January 10, 2014, the Defendant: (a) while driving a BMW car, at around 09:35, the Defendant: (b) was unable to drive normally under the influence of alcohol such as blood alcohol concentration of 0.118%; (c) the Defendant was negligent in driving the front road of the new bank located in the 5-dong, Seogu, Busan, Jinsan-gu, Busan, on the side of the intersection; (d) the Defendant got the victim C (ma, 22 years old) who was waiting to walk in the front direction of the Defendant’s proceeding and caused the victim C (ma, 22 years old) to take the front part of the said car and take the front part of the said car and caused damage to the victim during the 2-day medical treatment for about two weeks; and (e) the victim E (E) the son and the son, who is the son and the son requiring the treatment for about two weeks.

2. The Defendant driven the said BMW car under the influence of alcohol level of 0.118% at the same time and at the same place as the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Report on the statement of the status of a drinking driver, and the written report on the status of a drinking driver;

1. Application of Acts and subordinate statutes to a medical certificate or diagnostic certificate;

1. The applicable Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and the choice of imprisonment with prison labor, respectively;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 2 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution ( normal consideration, such as the fact that the victim has agreed with the victim, the vehicle in this case is covered by the comprehensive motor vehicle insurance, and the defendant has no criminal records other than fines);

1. It is decided as ordered for the reason of Article 62-2 or more of the Criminal Act of the Order to attend lectures and the community service order;

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