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(영문) 부산지방법원 2019.09.11 2019고단3092
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On June 19, 2019, at around 09:15, the Defendant driven a motor vehicle of 0.196% of blood alcohol level B while under the influence of alcohol level 0.196%, and was proceeding to the CJo-distance on the side of the CJo-distance in accordance with one lane among five lanes in front of the DJo-gu, Busan.

Since there is an intersection where a signal, etc. is installed, there was a duty of care to safely drive a person engaged in driving service in accordance with the signals by reducing speed and checking the right and the right and the right of the driver.

Nevertheless, the Defendant neglected to do so and did not neglect that the vehicle progress signal is changed to a stop signal, and the Defendant was negligent in proceeding as it was, and the front part of the taxi was carried out by the victim E(66 years old) driving, which was going to the right side from the left side of the direction of the Defendant’s proceeding, to the front part of the taxi in front by the Defendant’s driving.

As above, the Defendant driven the said car in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim E, such as salt pans, tensions, etc. in need of a two-day medical treatment, and suffered injury to the victim G (V, the passenger of the said taxi) (V, the age of 43) for about four weeks, such as the alleys of the pelle of the pelle of the pelle.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of E and G preparation;

1. Each written diagnosis;

1. Making a report on the control of drinking driving;

1. Application of the Acts and subordinate statutes on traffic accident report, accident-related photographs, black stuffs image data;

1. Article 5-11 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 concerning the crime and Articles 148-2 (2) 2 and 44 (1) of the former Road Traffic Act (wholly amended by Act No. 16037, Dec. 24, 2018);

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

1. Selection of each sentence of imprisonment;

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

1. Articles 53 and 55(1) of the Criminal Act for discretionary mitigation;

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