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(영문) 부산지방법원 동부지원 2017.08.09 2017고단181
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 18, 2017, the Defendant was under the influence of alcohol level of 0.173% from the road near the Dong-dong, Kimhae-si, Kimhae-si, to the intersection in front of the market, and agricultural products were also under the influence of alcohol level of 0.173% from the 20km section to the intersection in front of the market.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven the said vehicle under the influence of alcohol as above, by driving the said vehicle in such a state that it is difficult to drive the vehicle normally, such as with a strong distance and walking, etc., while driving the said vehicle along the four-lane crossings in front of the market, the agricultural products were sent to the intersection from the breath section of the new world department store to the breath intersection.

The Defendant, by negligence, caused the operation of the steering direction and the brake system of the foregoing vehicle to be driven by the Defendant and the victim C(32) driving in the same direction on the two-lanes of the same direction. The Defendant suffered from the injury of the victim, such as catum salt, etc. which requires approximately three weeks of medical treatment on the left-hand part of the Defendant’s vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to C;

1. A report on detection of a driver at the main place and a report on the situation of the driving at the main place;

1. Application of Acts and subordinate statutes to report internal investigation (Attachment of medical certificates);

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, the selection of a sentence of imprisonment with prison labor for the crime;

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 (see, e.g., Supreme Court Decisions 201Do1119, Jun. 1, 2012>

1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;

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