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(영문) 부산지방법원 2018.09.12 2018고단1788
특정범죄가중처벌등에관한법률위반(위험운전치사상)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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of freight vehicles B and B, and is a holder of the above freight vehicle.

On March 29, 2018, while the Defendant was under the influence of alcohol of 0.19% during blood transfusions, the Defendant driven the above cargo vehicle, which was not covered by mandatory insurance from the front of the common fish market located in Seo-gu, Busan, Seo-gu, Busan, to the front of the port of South and North Korea located in Seo-gu, Seo-gu, Seo-gu, to the front of the port of South and North, the port of South and North, through an occupational negligence that did not properly operate the front and operation of the operation of the steering system, while under the influence of alcohol, the Defendant: (a) was under the influence of alcohol; (b) was under the influence of alcohol, and (c) was under the influence of alcohol, thereby causing the victim C, the victim E, and the victim F to suffer approximately two weeks of alcohol in the front part of the above cargo vehicle; and (d) at the same time, the Defendant sustained KRW 17,000,000 and KRW 17,000,000.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. C’s statement;

1. A traffic accident report;

1. Inquiries about the results of crackdown on driving alcohol;

1. Inquiry into mandatory insurance;

1. Photographs related to accidents;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, Article 151 of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Compensation Act (the point of operating a vehicle with no mandatory insurance) concerning the crime;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (only between a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and a violation of the Road Traffic Act due to damage to property on duty);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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