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(영문) 부산지방법원 2013.07.31 2013고단1826

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. At around 19:40 on March 5, 2013, the Defendant driven a knife vehicle with a blood alcohol content of about 0.121% at a four-lane radius from a Do near the YY-dong, Busan Metropolitan City to the road near the Busan Metropolitan City (Gu located in the YY-dong, Busan Metropolitan City) Do. The Defendant was driving the knife vehicle with a blood alcohol content of about 0.121% at a four-lane level.

In the direction of the defendant's driving at the time, the victim C(46) driving car stops. In such a case, although the defendant, who is engaged in the driving business, has a duty of care to properly operate the operation apparatus and steering gear and to inflict damage on the collision with the vehicle in front, the defendant neglected to do so and failed to properly operate the operation of the operation apparatus and steering gear while under the influence of alcohol and failed to properly operate the operation of the operation system and steering gear at the front of the above passenger vehicle.

The Defendant suffered injury, such as finite salt, which requires medical treatment for about two weeks, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (Confession, agreement, and reflect) of the suspended execution;

1. Order to attend lectures under Article 62-2 of the Criminal Act;