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(영문) 부산지방법원 2018.04.03 2018고단129
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The defendant is the driver of the cargo vehicle B.

On December 9, 2017, while under the influence of alcohol 00:07, the Defendant started near the home flass located in the Busan Blue Port-dong, Busan, and neglected to watch the viewing road located in the same Dong, and led to negligence in front of the viewing road located in the same Dong, the Defendant got the backer of the victim Ctiball-ri vehicle, which was in the atmosphere of the signal signal at the front of the running direction, as the front part of the Defendant’s vehicle, and caused the said damaged vehicle to be pushed up in the future due to this shock, while getting the said damaged vehicle back to the front part of the Defendant’s vehicle.

As a result, the Defendant inflicted the injury on the victim C and the victim E, such as salt, tensions, etc. in need of approximately two weeks of medical treatment, and the injury on the victim G, who was on the top of the foregoing Tbluri vehicle, caused approximately three weeks of medical treatment to the victim G.

As a result, the defendant was driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing the injury of people.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

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

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to investigation reports (victim C telephone communications);

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes under the relevant Act on the crime, and Articles 148-2 and 144-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (inter-Korean between the crimes in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving));

1. Selection of each sentence of imprisonment;

1. Aggravation of concurrent crimes (to the extent that the punishment is aggregated with the long-term punishment of the above two crimes) provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (Article 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes with heavy punishment) of the same Act: Provided, That the lowest sentence shall be the same.

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