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(영문) 부산지방법원 동부지원 2015.07.23 2015고단838

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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A defendant shall be punished by imprisonment for not more than ten 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

1. On March 26, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was driving a car at around 10:00, while driving a car at around 10:520 while making it difficult for the Defendant to drive the car normally, and driving the car at the speed of about 40 km at the speed of about 40 km in Busan Shipping Daegu C, and driving a car at the 119 Safety Center at the speed of about the speed of about 119 km, the Defendant received the back portion of the E Village bus vehicle of the victim D (the age of 66) who was stopped at the intersection of Han D (the age of 66).

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and suffered from the injury of the victim, such as light fluoral salt, for about three weeks of treatment.

2. Violation of the Road Traffic Act (Refusal of measurement) by the Defendant, upon receiving a report of 112, did not comply with the first demand for measurement of alcohol in the F Zone at around 10:59 on the same day on the grounds that there are reasonable grounds to recognize the Defendant to have driven under the influence of alcohol, such as smelling at the Defendant’s entrance from the slope G belonging to the F Zone G, which was dispatched to the said accident site, and the Defendant’s body is inaccurate, such as a detailed distance, etc.

Then, the Defendant did not comply with a police officer’s request for measurement of drinking without justifiable grounds while continuing drinking water and delaying time, even though the Defendant received a second alcohol measurement request at around 11:09 on the same day, around 11:19 on the same day, the third alcohol measurement request at around 11:36 on the same day, the fourth alcohol measurement request at around 11:43 on the same day, and the fourth alcohol measurement request at around 11:43 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of a traffic accident in DNA preparation;

1. A traffic accident report;

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

1. A medical certificate;

1. Application of Acts and subordinate statutes to report internal investigation and investigation reports;

1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment.