beta
(영문) 부산지방법원 2020.02.05 2019고단4996

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 17, 2009, the Defendant was issued a summary order of one million won or more as a crime of violating the Road Traffic Act in the Gyeyang Branch of Suwon District Court on July 17, 2009, and a summary order of two million won or more as a crime of violating the Road Traffic Act in the Gyeyang Branch of Suwon District Court on August 18, 201.

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a B franchise;

On July 29, 2019, the Defendant, while under the influence of alcohol of 0.141% of blood alcohol concentration on July 22, 2019, was driving at a speed of 40km per hour from the southwest side of the Dridge in Busan Jung-gu, the two-lane road in front of the Diplomatic Association in Busan, was driving at a speed of 40km per hour from the southwest side.

Since there is a crosswalk in which signal lights are installed, there was a duty of care to safely drive a person engaged in driving service, such as accurately operating the steering gear and operating the steering gear and stopping according to the signals, etc. by making the person engaged in driving service well.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol and was negligent in neglecting the above duty of care and thereby under the influence of the Defendant’s driver’s duty of care in the front part of the victim E (the 63-year-old taxi) driving that was in the front line of the said car.

As a result, the Defendant, while driving a motor vehicle in a state where it is difficult to drive the motor vehicle normally due to the influence of alcohol, sustained injuries such as climatic salt, tensions, etc. to the said victim E, and suffered injuries such as cerebral typhism requiring approximately four weeks of medical treatment to the said passenger G (V, 28 years of age) who was on board the said taxi.

2. The Defendant violated the Road Traffic Act (driving) at the time and time set forth in paragraph (1) above, the Defendant driven a low-income vehicle as stated in paragraph (1) above while under the influence of alcohol with a blood alcohol concentration of about 0.141% at a 3km section from the front of the residents center in south-dong, Busan Metropolitan City to the roads in front of the Busan Jung-gu CDc Association.

This is the defendant.