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(영문) 부산지방법원 동부지원 2016.09.28 2016고단876

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) is a person who is engaged in driving a set of motor vehicle B.

On May 8, 2016, the Defendant was under the influence of alcohol content of 0.147% during blood transfusions on May 11:10, 2016, and the Defendant was driving along the three-lane in front of the east-dong Port in Busan, Busan, Daegu, along the two-lane distance from the intersection of the Sugnan to the west-dong port.

A person engaged in driving of a motor vehicle shall not operate a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and has the duty of care to prevent accidents in advance by safely driving the motor vehicle, such as making a good report on the traffic situation on the front-hand and operating the steering system accurately.

Nevertheless, the Defendant did not find out that the Drocketing car driven by the victim C(66 years) prior to one lane in the same direction due to negligence while neglecting such duty of care while under the influence of alcohol 0.147% during blood, which was driven by the Defendant, was stopped according to the stop signals, and the Defendant took part of the behind the said rocketing car as the front part of the said vehicle being driven by the Defendant, and the said rocketing car was driven by the victim E (45 years) who was stopped pursuant to the stop signals in the same direction as the vehicle being driven by the Defendant.

Ultimately, the Defendant’s negligence in the course of driving the said vehicle in a situation where normal driving is difficult due to the influence of alcohol, and caused the victim C by the negligence in the course of driving the said vehicle for about six weeks, such as a dynasium, which requires approximately two weeks of treatment to the victim G (36 years) who was on board the said vehicle; the injury of crynasium, etc. in need of approximately two weeks of treatment to the victim E; the injury of the crynasium, etc. in the course of driving the said vehicle; and the injury of the victim H (75 years of age) who was on the fynasium.