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(영문) 부산지방법원 동부지원 2014.08.21 2014고단826
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

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

At around 14:10 on May 9, 2014, the Defendant driven CM5 car while under the influence of alcohol at 0.185% of alcohol level, and driven the 2nd line road in front of the StM5 car cemetery, which is located in the south-gu of Busan, south-gu, the front part of the EM5 car driven by the victim D (the age of 56) who was driven by the central line due to an occupational negligence, was driving in the direction opposite to the above SM5 car, while driving the 2nd line road in front of the StM5 car, which is located in the south-gu of Busan.

As such, the Defendant suffered injury by negligence in the course of driving a car in a situation where normal driving is difficult due to the influence of drinking, such as dump of a cump in need of treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

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

1. A report on the actual state of the driver;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the Crime, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the parties have agreed with the victim, the extent of injury is relatively minor, and the fact that the mistake is divided);

1. An order to provide community service or attend lectures under Article 62-2 of the Criminal Act;

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