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(영문) 부산지방법원 2016.04.07 2016고단295

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B Poter Cargo Vehicles.

1. Around December 11, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by danger) driving the said cargo at the second lane in front of the long-distance distance of the name seat located in the Busan East-gu, Busan, about December 18:25, 2015, the Defendant driven the said cargo at the entrance of a hot spring with alcohol content of 0.158% at the same time with the flow of 11 hour, while under the influence of alcohol at the entrance of a hot spring with alcohol content of 0.158%.

Since there is a distance crossing where signal lights are installed, in such a case, a person engaged in driving a motor vehicle has a duty of care to safely enter the intersection according to the new code.

Nevertheless, the Defendant, while driving in a state where normal driving is difficult due to influence of drinking, was negligent in the course of driving on the front bank signal in violation of the signal, with the entrance of hot spring at the entrance of the hot spring in the front bank in the old mouth, and the indictment was proceeded by the injured party in accordance with the new code.

However, according to the evidence records such as the fact-finding survey report and investigation report, the victim is also found to have violated the signal during the investigation process, so the victim shall be deemed to be a clerical error and corrected. The victim C(54) driving is not found to be able to find the ozone part of the victim C(54) and the front part of the above vehicle was shocked to the front part of the vehicle and caused the victim to go beyond the road floor.

Defendant 1 caused injury to the victim by such occupational negligence as the cost of the left-hand treatment for about 14 weeks, such as fulverization of booms.

2. The Defendant, who violated the Road Traffic Act (drinking), driven the above cargo vehicle under the influence of alcohol with approximately 0.158% alcohol concentration in blood from the 1km section from the road near the above day-to-day city, Busan Fridong, to the point where the said accident occurred.

Summary of Evidence

1. The defendant's statement in court;