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(영문) 부산지방법원 2017.03.14 2017고단494
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person driving a BM3 car.

1. The defendant is under the influence of alcohol content of 0.270% in blood transfusion on December 14, 2016, by violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving)

In a situation where normal driving is difficult due to the influence of a sound state, two lanes in front of D in front of the Busan Metropolitan Government C with two lanes in front of the Busan Metropolitan Government C, and driving at an insular speed, due to occupational negligence, which caused the failure of an insular city at the front of the city in the front of the city in Busan Metropolitan City, and caused the victim to suffer the injury of the victim E (22 years old) in the front part of the vehicle driving by the front part of the said vehicle driving by the Defendant, such as the chill and the tension in need of medical treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (drinking) driving the said vehicle under the influence of alcohol level of 0.270% in blood on the same day as paragraph (1) and operated approximately 1.2 km in the five-dong Busan Metropolitan City, Busan Metropolitan City, to the place of the accident as referred to in paragraph (1) in the vicinity of Busan Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report prepared by E;

1. A traffic accident report;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes to each investigation report (No. 13,14 No. 14);

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

1. Aggravation of concurrent crimes as provided for 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, the punishment of which is heavier, shall be aggravated within the scope of the sum of the long-term punishments of the crimes above, which are stipulated in the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the punishment shall be aggravated: Provided, That the lower limit shall be based on the punishment specified

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