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(영문) 부산지방법원 서부지원 2018.08.10 2018고단777

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for six months.

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. Violation of the Act on the Aggravated Punishment of Specific Crimes (Death and Injury caused before the risk) is a person engaging in driving a vehicle Bk5.

On November 24, 2017, the Defendant driven the said car under the influence of alcohol content of 0.181% during blood transfusions, and led to the driving of the said car along the two-lanes between the two-lanes along which the instant car was located in the agricultural market in Busan-gu, Busan-do, and the road adjacent to the 33-lane agricultural market was located in the agricultural market.

At the time, there are nights and persons leaving agricultural products on the road A, so there was a duty of care to prevent accidents by accurately manipulating the front left and left by the driver of the motor vehicle and accurately manipulating the brake system.

Nevertheless, the Defendant neglected to drive under normal conditions such as rhythm and unstable walking with the influence of drinking, and caused the Defendant to go beyond the floor by shocking the victim C (W, 61 years old) who was engaged in the operation of the gypting vehicle in front of the moving direction by neglecting the right and the right and the right and the right of the gym, and neglecting the operation of the gyming vehicle on the two-lanes of the moving direction.

As a result, the Defendant suffered injury to the victim by negligence in the course of performing the above duties, such as cutting the bones of poppy, which requires approximately 14 weeks medical treatment.

2. On November 24, 2017, the Defendant was driving a Bk-5 car under the influence of alcohol content of about 0.181% in a section of approximately 500 meters from the 500 meters away from a large-scale flac parking lot located in the Don-dong of Busan Sin-gu, Busan, to the outside trade zone listed in the Don Agricultural Products Market.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report (1) (2), accident scene, vehicle photographs, and accident video CDs;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

1. Application of Acts and subordinate statutes (6 times); and

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (in the case of risk driving) concerning criminal facts and Article 5-11 of the Act on the Aggravated Punishment, etc.