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(영문) 부산지방법원 동부지원 2015.07.08 2015고단684

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

[Criminal Power] On August 9, 2012, the Defendant was sentenced to a suspended sentence of two years for the violation of the Road Traffic Act at the Busan District Court on June, 2012, and was punished for the violation of the Road Traffic Act (driving) three times more.

【Criminal Facts】

1. On January 6, 2015, at around 17:30, the Defendant driven a D-Wz car under the influence of alcohol concentration of 0.156% from the cafeteria at approximately 200 meters to the front of the same scam, from the 200m section from the cafeteria, Song-dong, Busan, Busan, Busan, Busan, for the purpose of driving the D-Wz car in the state of under the influence of alcohol concentration of 0.156%.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was driven by the said car under the influence of alcohol level of 0.156% at the above time and at the above place, and subsequently, the Defendant driven the said car at the above time and at the above place, and led the two-lanes of the said two-lane road to the direction of the transmission beach at the non-speed speed from the surface of the irrigation beach distance from the downside of the irrigation beach in Busan Metropolitan City.

In this case, a driver of a motor vehicle has a duty of care to safely drive the steering system by properly operating the steering system and operating the steering system.

Nevertheless, the Defendant neglected this, while driving the said vehicle in a situation where it is difficult to drive the vehicle in a normal condition due to influence of drinking and is difficult to properly hold the vehicle due to the influence of drinking, she gets the center line after the right-hand, and she gets a driver in front of the Defendant’s vehicle in front of the Defendant’s vehicle, fST5 vehicle driving at the victim E (the age of 62) who was in the opposite direction at the center of the right-hand line after the right-hand line, and led to a shock of the driver’s vehicle in front of the victim’s G (the age of 43) who was parked at the right-hand line.

Accordingly, the defendant is a victim who is a driver of SM5 vehicle by driving the benz car in a situation where normal driving is difficult due to influence of drinking.