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(영문) 부산지방법원 2019.02.21 2018고단5647
특정범죄가중처벌등에관한법률위반(위험운전치상)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

On October 20, 2018, the Defendant driven a 0.227% alcohol concentration in blood at around 05:39, while driving a three-lane between B 124cc and C in front of Busan, Busan, the Defendant neglected to perform the duty of front-way in writing from the right intersection to the right intersection, and was negligent in performing the duty of front-way navigation due to the influence of drinking, and received the rear pande of the victim D (72 years old) Estststy cab.

As a result, the Defendant driven the above Oral brea in a state where normal driving is difficult due to influence of alcohol, and suffered injury to the victim D, such as climatic salt, which requires a two-day medical treatment for about 4 weeks, from the victim F (the age of 19) of the above Oral bal ba, which requires approximately 4 weeks of medical treatment, and from 4,5,5,5, 4, 5, 4, 5, 5, 5, 5, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of each police suspect against the accused, F, and G;

1. Written statements of D;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes governing requests for appraisal, such as a traffic accident report, a report on the results of crackdown on drinking driving, a report on the circumstantial statement of a drinking driver, an inquiry into the results of crackdown on drinking driving, and an appraisal request;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act (the point of driving sound and the choice of imprisonment) concerning the crime as provided for in the corresponding Act on the Aggravated Punishment, etc. of Specific Crimes;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the between violations of the Act on the Aggravated Punishment, etc. of Specific Crimes and the choice of imprisonment);

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

1. Article 62(1) of the Criminal Act (i.e., the grounds for the suspended sentence)

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and lecture attendance order;

1. Application of the sentencing criteria [Scope of Recommendation] General Traffic Accidents in Type 1 (Bodily Injury resulting from Traffic Accidents) shall be the basic area (4-1 years) (Special Mitigation (Aggravated Mitigation).

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