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(영문) 부산지방법원 2017.01.20 2016고단7335

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On November 10, 2016, the Defendant, while under the influence of alcohol at around 04:06, the Defendant driven a vehicle with sod-hurbed B from the distance of about 5 km from the vicinity of the Busan Sin-gu Busan National University to the front road of the Busan Sin-dong, Busan National University, under the influence of alcohol at around 0.119%.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or injury caused before the risk) is a person engaging in driving a motor vehicle with B-to-purd motor vehicle.

On November 10, 2016, the Defendant was under the influence of alcohol content of 0.119% in blood around 04:06, and the Defendant was driving a one-lane of the three-lanes among the three-lanes in order to turn to the left the front road of the Busan East-gu hot spring Do, Busan, to the direction of the intersection from the south to the end point of 57.

A person engaged in driving service has a duty of care to live well on the right and the right in a state where normal driving is possible, and drive safely.

Nevertheless, the Defendant, while under the influence of alcohol, was unable to properly operate the brakes and was in the atmosphere of the victim C(60) who was under the influence of the signal, due to the negligence of not operating the brakes properly, received the back panion of the Done Starsch Rexroth in front of the said Aburged vehicle.

As a result, the Defendant driven the hurfed car in a situation where normal driving is difficult due to influence of alcohol, and suffered injury to the victim C, such as light durf durf, etc., which requires two-day medical treatment, injury to the victim E (V, 74 years old) who is the passenger of the damaged vehicle, such as light curf, tension, etc., requiring two-day medical treatment, and injury to the victim F (V, 78 years old) who is the passenger of the damaged vehicle, such as light durf durf, etc. requiring two-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. A survey report on actual conditions;

1. Photographs;

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

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

1. The Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime as provided in the corresponding Article of the Act.