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(영문) 부산지방법원 2013.08.14 2013고단2874

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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A defendant shall be punished by imprisonment for not more than ten months.

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

1. On March 8, 2013, around 05:15, the Defendant violated the Road Traffic Act and the Road Traffic Act (driving without a license) and the Defendant driven a B-H test under the influence of alcohol without obtaining a driver’s license on a section of about 2km from the post department store in Busan Jin-gu to the front road in Busan Jinpo-gu, Busan Jinpo-gu, and without obtaining a driver’s license on a section of about 0.139% of blood alcohol concentration from the front road in Busan Jinpo-gu.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a motor vehicle B.

On March 8, 2013, at around 05:15, the Defendant driven the said car under the influence of alcohol with 0.139% of blood alcohol concentration, and led to a four-lane road in front of the dispatch intersection road in the Busan Jin-gu, Busan, to proceed at a speed of about 40km per hour on the side of the vehicle in writing.

At the time, the defendant was aware of being 2 to 3 diseases a week by drinking, and the blood color of face was red.

At the time of night, however, the front and the front door of the time was flowed. Since there was a central line where signal lights are installed, there was a duty of care to safely drive a motor vehicle and prevent the accident in advance by driving the motor vehicle in good faith.

Nevertheless, the Defendant could not give the front door due to the drunken of alcohol and could not properly operate the steering direction and operation system, and the Defendant was negligent in neglecting it and making the left turn beyond the center line, and received the front portion of D SN125 Oba, driven by the victim C(the age of 31) who was working in the opposite lane to the front part of the car of the Defendant.

Ultimately, the Defendant, as seen above, driven a motor vehicle while it is difficult to drive the motor vehicle normally due to the influence of drinking, and was on board the motor vehicle, needed to give approximately 14 weeks medical treatment to the victim.