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(영문) 부산지방법원 2015.11.18 2015고단3525
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

The defendant is a person engaged in driving a C-A-Wurd-Wurt Motor Vehicle.

1. Around May 16, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven the said car while under the influence of alcohol with the blood alcohol concentration of 0.216% from the 2nd bank of the ethic area of the Busan East-gu to the ethic area.

The direction of the defendant's proceeding is a road where the left-hand turn is prohibited by the center line, so in such a case, the driver of the motor vehicle has a duty of care to safely make a right-hand bypassing the road without exceeding the center line by properly examining whether the vehicle is traveling on the road.

Nevertheless, the Defendant failed to find out the taxi car of the victim G (year 47) who was driving in normal conditions in accordance with the first lane from the Mad Samsung Apartment Zone, due to the negligence of driving in the state where normal driving is difficult due to the influence of alcohol, and left turn beyond the center line, and did not find the taxi car of the victim G (age 47) who was driving in normal conditions at the right-hand side of the said car, and shocked the front part of the said car into the front part of the

The Defendant suffered from the injury of fluoral salt, etc., which requires approximately two weeks of medical treatment by occupational negligence, to the victim.

2. The Defendant violated the Road Traffic Act (driving a sound driving) driving of the said vehicle under the influence of alcohol with approximately 10 meters alcohol concentration 0.216% from the above temporary border and the road near Fur in Busan East-gu D to the above point of accident.

3. While the Defendant is prohibited from operating a motor vehicle on the road which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act, the Defendant driven the said motor vehicle with soflurt without mandatory insurance at the date and place specified in paragraph (2) of the facts charged.

Summary of Evidence

1. The defendant;

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