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(영문) 부산지방법원 동부지원 2014.12.11 2014고정1386

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The defendant is a person who runs driving cars and freight cars while violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving);

On June 29, 2014, the Defendant, while under the influence of alcohol of 0.143% of blood alcohol concentration, driven the above-wing truck and continued to drive the above-wing truck at about 60 km in front of the Campwon located in the middle-ro of Busan Metropolitan City, Busan Metropolitan City, the four-lane road in front of the Gagwon located in the middle-ro of Busan Metropolitan City.

At night, a person engaged in driving service of a motor vehicle has a duty of care to prevent accidents in advance by accurately manipulating the steering direction and brakes while taking into account the traffic situation in the front time.

Nevertheless, under the influence of alcohol, the Defendant was negligent in not operating the brakes properly, and caused the back part of the loading box of the D1 ton cargo vehicle operated by the victim C (the age of 44) who was in the atmosphere of the signal at four-lanes, to be the front part of the cargo vehicle and the front part of the cargo vehicle. Accordingly, the Defendant was faced with the right side of the victim E (the age of 43) where the strike of the above wing and the cargo vehicle is walking along the right side of the road.

After all, the Defendant driven the said car in a state where it is difficult to drive the car normally due to influence of drinking, and suffered injury to the victim C in salt and tension in need of treatment for about two weeks, and suffered injury to the victim E for about two weeks, respectively.

2. On the date and time set forth in the preceding paragraph, the Defendant driven the said vehicle under the influence of alcohol of about 0.143% in the section of about 3km from the front of the roadside cafeteria located in the Geum-gu, Busan to the front of the said Gakwon.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. A traffic accident report;

1. A report on detection of a host driver;

1. A damaged vehicle;