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(영문) 부산지방법원 2016.09.07 2016고단3488

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

1. Defendant A shall be punished by imprisonment with prison labor for one year.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. Defendant A

A. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaged in driving a motor vehicle E-Apurd

On February 28, 2016, at around 01:45, the Defendant: (a) driven the said car in a state where it is difficult to drive the car normally due to influence of drinking such as a remote distance; (b) driven the said car at a speed of about 15 km from the front side of the Song-gu Busan, Busan, to drive the four-lane road in front of the Song-gu, Busan, in writing, at a speed of about 15 km depending on two-lanes from the front side of the intersection; (c) did not show the front side of the signal at a speed of 15 km; and (d) took the back part of the victim F (31 years old) driving in front of the signal at the front side of the road due to occupational negligence that did not show the front side.

The Defendant suffered injury to the victim F of a traffic accident, such as salt, tensions, etc., which requires approximately two weeks of medical treatment, and injury to the victim H (V, 26 years of age) who is a passenger of the said low-priced passenger vehicle, for about two weeks of medical treatment. The Defendant suffered injury to the victim F of the traffic accident, such as salt, tension, etc.

B. On February 28, 2016, the Defendant violated the Road Traffic Act (refluence of the noise measurement) at the office of Busan Police Station I, Busan, on February 28, 2016,: (a) there were reasonable grounds to recognize that the victim F of the traffic accident under the above paragraph (a) was driving while driving a motor vehicle while driving the motor vehicle; and (b) there was a reasonable ground to recognize that the victim F of the traffic accident under the above paragraph (a) was driving the motor vehicle under the influence of alcohol, such as smelling and drinking distance, and (c) there was a need to comply with the alcohol measurement by inserting it into a drinking measuring instrument for about 30 minutes from the J of Busan, Busan

Nevertheless, the defendant avoided this and did not comply with the police officer's request for a drinking test without justifiable reasons.

2. On February 28, 2016, around 01:54, the Defendant: (a) was driving a motor vehicle accident while driving a motor vehicle on the road in front of the transmission plaza that is located in the Busan Jin-dong, Busan, and (b) as stated in the foregoing 1(a).