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(영문) 부산지방법원 2018.10.24 2018고단3444
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

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

Reasons

Punishment of the crime

On June 28, 2018, under the influence of alcohol level of 0.235% among blood transfusion, the Defendant driven a cood vehicle B at around 03:20%, and driven the two-lanes of the 5-lane road in Busan, Busan, through the two-lanes of the 5-lane road located in Busan, the Defendant sustained the injury of the cood vehicle from the front part of the cood vehicle to the cood vehicle in the front part of the victim E (38 years old) driving, which was stopped under the traffic signals in the front part of the cood vehicle, and caused the injury of the cood vessel to E, such as cood salt and tension requiring approximately two weeks medical treatment, and the injury of the cood vehicle to the victim G (62 years old) who was on the rear part of the cood vehicle in the front part of the cood vehicle.

As a result, the Defendant driven a motor vehicle under the influence of alcohol level of 0.2% or more in blood, and caused each injury to the victims by driving a motor vehicle under the influence of such influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

2. A written statement of the occurrence of each traffic accident in G and E;

3. Statement on the circumstances of the driver involved in driving;

4. A traffic accident report (on-site investigation report);

5. Application of a copy of each written diagnosis;

1. Relevant legal provisions concerning criminal facts;

(a) Driving under influence of alcohol: Article 148-2 (2) 1 of the Road Traffic Act (elections by imprisonment);

(b) The fact of injury caused by driving each risk: Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes;

2. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment provided for in the crimes committed against the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) and the punishment provided for in the crimes against G with heavy criminal circumstances).

3. The punishment for concurrent crimes shall be aggravated within the scope of the sum total of the upper limit of the sentence scope of crimes of violation of the Road Traffic Act (driving of alcohol) stipulated in the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes with heavy punishment. The lower limit is the same.

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