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(영문) 부산지방법원 동부지원 2018.06.04 2018고단617

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for one year.

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

1. The Defendant is a person who is engaged in driving a Brane car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk)

On March 19, 2018, the Defendant driven the said car under the influence of alcohol level 0.145% while under the influence of alcohol level D on March 23:50, 2018, and proceeded from D to the plane captain hospital.

At the time, traffic control is carried out at night and at all times, so there was a duty of care to prevent accidents in advance by safely operating the steering wheel and steering system in a safe manner.

Nevertheless, under the influence of alcohol, the Defendant: (a) while driving a motor vehicle in a state where it is difficult to properly operate the steering direction and operation of the system, such as a light distance; (b) while driving the motor vehicle in a state where it is difficult for the Defendant to accurately operate the steering direction and operation; (c) due to negligence on the left side of the driving direction of the motor vehicle while driving the motor vehicle, the victim E (54 years) who was directed toward the office of the Eup/Myeon head on the left side of the driving direction of the motor vehicle by the Defendant; (d) received the right side part of the motor vehicle in the front part of the motor vehicle.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to influence of drinking, resulting in the Defendant’s injury to the victim, such as light cryp, cryp, etc. for about two weeks of medical treatment.

2. On September 10, 2007, the Defendant was sentenced to a fine of one million won due to a violation of the Road Traffic Act (drinking driving) at the Busan District Court, and on June 20, 2014, the Defendant was sentenced to a summary order of two million and five hundred thousand won due to a violation of the Road Traffic Act (drinking driving) at the Dong branch of the Busan District Court.

The Defendant driven B-low-income car under the influence of alcohol concentration of 0.145% in the area of approximately 50 meters in front of the D-Wed Road located in Busan-gun, Busan-gun, for the same day as Paragraph 1.

In this respect.