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(영문) 부산지방법원 2014.10.24 2014고단6417

도로교통법위반(음주운전)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

The defendant is a person who is engaged in driving of B-learning automobiles.

1. Around 22:50 on June 18, 2014, the Defendant driven the said vehicle at a section of about 2 km from the front side of the public parking lot in the Dong-dong, Busan, under the influence of alcohol concentration of 0.212%.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) led the Defendant to drive the said car at the temporary border as described in paragraph 1 and drive the said car at a speed of about 40 km from the surface of the same telephone station to the seat of the same police station, along with two lanes.

Since the front section of the place is an intersection, the driver had a duty of care to safely pass through the intersection by accurately manipulating the front section and the left and the right, and accurately manipulating the steering direction and the brake system.

Nevertheless, the Defendant, while driving a motor vehicle under the influence of alcohol with red and walking so that pedestrians can breath, neglected to drive the motor vehicle on the front side, and due to the negligence that failed to properly operate the steering direction and brake system, received the front part of the DNA driving motor vehicle operated by the victim C (W, 31 years old) who was in the signal atmosphere to turn to the left at the right-hand side of the inner intersection from the boundary of the same police station at the same time, as the front part of the Defendant vehicle.

As a result, the Defendant driven a motor vehicle under the influence of alcohol which makes it difficult for the Defendant to drive a motor vehicle normally for about four weeks, and sustained injury, such as a 3 balance divers of water on the right side, which requires a medical treatment for about four weeks, to the victim E (V, 22 years of age) who was on board the Defendant vehicle for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to field photographs, estimates, and written diagnosis at the time of an accident;

1. Relevant provisions concerning facts constituting an offense;