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(영문) 부산지방법원 동부지원 2014.11.05 2014고단1562

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 of the final judgment.

Reasons

Punishment of the crime

1. 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 Crentos car;

On August 18, 2014, at around 01:15, the Defendant driven the said car with the blood alcohol concentration of 0.161%, and became the left left-hand turn from the elmeriturth of the M apartment construction site in the south-gu Busan Metropolitan City.

In this case, a person engaged in driving service has a duty of care to prevent accidents by accurately manipulating the steering side and the steering system.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim D(38 years of age) who was on the right-hand part of the EK7 car driven by the victim D(38 years of age) who was on the right-hand part of the said road, due to the negligence of neglecting it, while driving the said road on the left-hand part of the said rental car.

As a result, the Defendant driven a motor vehicle under the influence of alcohol which makes it difficult for the Defendant to drive the motor vehicle normally, and suffered injury to the victim D, such as salt pane, tensions, etc., which requires a medical treatment for about two weeks, and injury to the victim FF on board the said K7 motor vehicle (the victim FF, who was on board the said K9 years of age) for about two weeks.

2. The Defendant violated the Road Traffic Act (driving a sound driving) driving of a siren at a section of about 300 meters from the vicinity of the apartment to the above accident site while under the influence of alcohol 0.161% of the above temporary light alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D and F;

1. A traffic accident report (1) (2);

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, the Road Traffic Act.