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(영문) 부산지방법원 동부지원 2013.11.06 2013고단2676
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

1. The defendant shall be punished by imprisonment for eight months;

2.Provided, That the execution of the above sentence 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 a person who is engaged in driving a e-cub vehicle B.

1. On August 11, 2013, the Defendant driven the said vehicle under the influence of alcohol by 0.189% in a section of about 4km from around the 11:50th of August 201, 2013, to the front day of the gas station in the city of the captain of the Busan-gun, the Busan-gun, the captain of the vessel, who was under the influence of alcohol by 0.189% in blood alcohol level.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by DFal, etc. on the Aggravated Punishment, etc. of Specific Crimes) operated the said car under the influence of alcohol as above at a time set forth in Paragraph 1, and was driving the road front of the YUUUUUUUUUUUUUUUUUUUUUUUUUUUUU in the direction of the captain, the direction of the captain, and the direction of the captain. In the course of driving the vehicle under the influence of alcohol, due to the negligence in the course of driving the vehicle while neglecting the duty of the captain, and due to the negligence of driving the vehicle under the influence of alcohol, the part of the Defendant’s driver’s vehicle driving in front of the victim C(55 years old)’s driver’s vehicle in the direction of the driver’s vehicle in need

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence of each traffic accident in C and E;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act (including the fact that an agreement has been made with the victims, the vehicles of the accused are covered by comprehensive automobile insurance,

1. Social service order under Article 62-2 of the Criminal Act;

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