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(영문) 부산지방법원 2014.08.18 2014고단1185

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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

except that 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 of "2014 Highest 1185" is a person who is engaged in driving a DNA car.

On December 14, 2013, the Defendant driven the said car under the influence of alcohol level of 0.167% on blood alcohol level around 18:10 on December 14, 2013, and led to the backway of the white water level located in the Yanpo-dong, Busan-gu, to the yellow-water tunnel outflow.

A driver has been able to drive safely by reducing speed and driving safely by living well on the right and the right and the right and the right and the right and the right and the duty of care to prevent accidents in advance, while neglecting the duty of care to prevent accidents, he/she was faced with the victim E, who is faced with the right and the right and the right and the right and has been faced with the victim E, with the right and the right side

As a result, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury such as salt, tension, etc. in need of medical treatment for about three weeks.

"2014 Highest 3600" Defendant is a driver of a cargo vehicle of one ton of F.

On April 16, 2014, the Defendant, without a driver’s license around 15:33, driven the freight vehicle from a section of about 800 meters from the roads below the south-gu Busan metropolitan area to the front road located in the south-gu Busan metropolitan area, while under the influence of alcohol with 0.061% of the blood alcohol concentration.

Summary of Evidence

[2014 Highest 1185]

1. Defendant's legal statement;

1. E statements;

1. An investigation report on actual condition, a traffic accident occurrence report, a report on the actual status of drinking drivers, and a report on the results of the regulation of drinking driving;

1. A medical certificate (2014 high group 3600);

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to the reporting on the state of driving under the influence of alcohol, the results of the control of drinking driving, and the driver’s license inquiry;

1. As to the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148-2 (2) 2 and 3, and Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act shall apply.