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(영문) 부산지방법원 2014.04.09 2014고단245

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for one year.

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

[Criminal Power] On February 14, 2008, the defendant was sentenced to a summary order of 1.5 million won by the Busan District Court for a violation of the Road Traffic Act (Musk Driving) and three times the same kind of power.

【Criminal Facts】

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 vehicles B;

On November 21, 2013, the Defendant driven the above vehicle at a speed of 17:55 on November 21, 2013, and driven the front one lane of the apartment in the spring of the Dong-dong of Busan at a speed of 4rd to the Korean gas industry.

However, since there are vehicles standing on the front side of the road at the time when the width of the road is narrow, there was a duty of care as a person engaged in driving duty in such a case, who has a duty of care to see the front side well.

Nevertheless, the Defendant, at 0.144% of blood alcohol concentration, neglected to drive under the influence of alcohol while under the influence of alcohol so that it is difficult for the Defendant to drive under normal conditions due to the influence of alcohol, due to negligence, received the part of the driver’s license in front of the right part of the said vehicle, which was driven on the right part of the victim C(59 years old) who was stopped on the right side of the said vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt ties, tensions, etc. in need of approximately two weeks of treatment due to such occupational negligence.

2. On November 21, 2013, the Defendant continued to drive the said Orrop vehicle after the traffic accident described in paragraph (1) around 18:30 on November 21, 2013, and continued to drive the said Orrop vehicle at a non-disciably speed from the direction of the Defendant’s 4-dong Saemaul Depository, Busan East-gu, to the direction of the Defendant’s 4-dong Saemaul Depository.

However, since there have been narrow road width, a person engaged in driving duty has a duty of care to drive in good faith.

Nevertheless, the defendant is negligent in driving the vehicle by negligence and even the left door of the vehicle.