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(영문) 부산지방법원 2014.08.22 2014고단4999
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

1. 특정범죄가중처벌등에관한법률위반(위험운전치사상) 피고인은 2014. 4. 18. 02:20경 B 쏘렌토 승용차를 운전하여 부산 부산진구 범천동 CU 편의점 앞 편도 3차선의 도로를 현대백화점 쪽에서 범냇골 로타리 쪽으로 2차로를 따라 시속 약 40km로 진행하게 되었다.

In such cases, a person engaged in driving service has a duty of care to prevent accidents in advance by taking into account well the front left.

Nevertheless, the Defendant neglected to drive the car in a state of difficulty, such as a red and non-road width, while driving the car in a state of difficulty, and neglected to do so, and found it late later and followed by the victim C (the age of 48) who was stopped in the same direction as the above car in the same direction as the above car, and tried to drive the boom, and followed the brost part of the car in front of the above car.

As a result, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and thereby, suffered the victim's scam and scambling in need of treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (non-compliance with the drinking test) at the above time and at the above place, and there were reasonable grounds to recognize that he was driving under the influence of alcohol, such as drinking and smelling, etc., by driving the said car at the above time and at the above place, from the slopeF belonging to the Busan Jin Police Station Epis, which caused the traffic accident, and was demanded to comply with the drinking test by inserting approximately 20 minutes of the drinking meters into a drinking measuring instrument.

Nevertheless, the Defendant, by means of not inserting the whole in a breath measuring instrument properly, failed to comply with a police officer’s request for a measurement of drinking without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Report on detection of a drinking driver and measurement of drinking;

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