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(영문) 부산지방법원 동부지원 2019.10.30 2019고단1420
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

1. On June 18, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven a B B B B B B B B B B B-L car under the influence of alcohol level of 0.125% on blood alcohol level on June 18, 2019, and transferred the B-B-L car in the direction of law from the direction of virtue to the direction of law.

However, under the influence of alcohol, the Defendant neglected to drive a motor vehicle in a state where it is difficult for the Defendant to drive the motor vehicle in a state where it is difficult to drive the motor vehicle in a normal manner, such as where the walk is divided, where the walking is in a narrow distance and face is red, and violated the duty of safety driving, and caused the center line to run by violating the duty of safety driving. As the front part of the foregoing motor vehicle, the Defendant received a part prior to the left side of the D low-speed motor vehicle operated by the victim C(64) who was in the atmosphere of the traffic in the front side of

As a consequence, the Defendant suffered injury to the victim, such as climatic salt, which requires approximately two weeks of medical treatment.

2. A violation of the Road Traffic Act (driving) was driven by the Defendant from the front side of the E apartment in Yangsan-si to the monthly intersection in Busan-gun’s articles of incorporation, in a state of under the influence of alcohol 0.125% of blood alcohol level at the time and time as stated in paragraph (1) of this Article to the monthly intersection in Busan-gun’s articles of incorporation.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement on the occurrence of traffic accidents;

1. A report on the actual condition of traffic;

1. Inquiry into the result of the crackdown on drinking driving;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes to each investigation report (Submission of a medical certificate and a photograph of the accident site);

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Article 148-2 (2) 2 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for each sentence

1. The former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes: Provided, That the scope of the punishment calculated by adding up the maximum term of the punishment for two crimes;

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