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(영문) 부산지방법원 2015.02.04 2014고정5253
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was under the influence of alcohol on 00:20% on 26. 00:0 on 2014.20, the Defendant was under the influence of alcohol and 0.147% on the face of alcohol, with red and snow fluor, and a little string distance was under the influence of a small-scale vehicle B, driving a small-scale vehicle in the state of B, and turn to the left from the right edge of the 5-dong residents in front of the 5-dong residents living together in the Busan East Dong-gu, Busan East-gu, the Defendant was under the duty of due care to take into account the traffic situation of the crossing and check the safety of the passage through a temporary stop or slowly going to the left before entering the Dong-gu.

Nevertheless, the defendant neglected to turn to the left without neglecting it and received the back portion of the victim C(52) driver's seat of the victim C(52) who is going to the left from the right side of the proceeding direction as the front part.

Ultimately, the Defendant, while driving a motor vehicle in a state where normal driving is difficult due to influence of alcohol, was negligent in neglecting the duty of care as a driver of a motor vehicle, and was inflicted on the same passenger E (the age of 62) like the victim C, for about two weeks of medical treatment.

2. Around 00:20 on October 26, 2014, the Defendant driven a approximately one kilometer in the condition of blood alcohol concentration of 0.147% in front of the 5-dong residents' center located in the Dong-gu Office’s parking lot located in the Busan Dong-dong, Busan Dong-dong in the same Dong-dong.

Summary of Evidence

1. Defendant's legal statement;

1. C's statement of traffic accident;

1. A traffic accident report;

1. Report on the request for appraisal, and report on the occupancy of a driver, etc.;

1. Application of each medical certificate, accident vehicle photographing statute;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 148-2 (2) of the Road Traffic Act concerning criminal facts as well as Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes

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